DATED 5th March 2019

THE PEAK DISTRICT NATIONAL PARK AUTHORITY NICHOLAS BACHE BARLOW DAVIE-THORNHILL JOHN PHILLIP BACHE DAVIE-THORNHILL ADRIAN GEORGE BARBER DAVIE THORNHILL LORD EDWARD JOHN FRANCIS MANNERS OLIVER DANIEL TARLOW STANCLIFFE STONE CO. LIMITED STANTON PARK FARM LIMITED DERBYSHIRE COUNTY COUNCIL

AGREEMENT under section 106 of the Town and Country Planning Act 1990 (as amended) in respect of Dale View Quarry and neighbouring land, Stanton-in-Peak, Matlock, Derbyshire | Clause | Page | |--------|------| | 1 | 3 | | 2 | 7 | | 3 | 8 | | SCHEDULE 1 - THE OBLIGATIONS | 10 | | 1 | 10 | | 2 | 10 | | 3 | 10 | | 4 | 10 | | 5 | 11 | | 6 | 11 | | 7 | 12 | | 8 | 12 | | 9 | 13 | | 10 | 14 | | SCHEDULE 2 - DRAFT NEW PLANNING PERMISSION | 15 | | SCHEDULE 3 - DRAFT RESTORATION AND AFTERCARE BOND | 17 | | SCHEDULE 4 | 22 | | PART 1 - THE AUTHORITY'S OBLIGATIONS | 22 | | 1 | 22 | | 2 | 22 | | Part 2 - THE HIGHWAY AUTHORITY'S OBLIGATIONS | 22 | | APPENDIX 1 - PLANNING PERMISSION REFERENCE : NP/DDD/0606/0613 | 26 | THIS DEED is made on 5th March 2019

BETWEEN:-

(1) PEAK DISTRICT NATIONAL PARK AUTHORITY of Aldern House, Baslow Road, Bakewell, Derbyshire, DE45 1AE (the "Authority");

(2) NICHOLAS BACHE BARLOW DAVIE-THORNHILL care of the Estate Office, Stanton Hall, Stanton-in-Peak, Matlock, Derbyshire DE4 4BW (the "Lessor");

(3) NICHOLAS BACHE BARLOW DAVIE-THORNHILL, JOHN PHILLIP BACHE DAVIE-THORNHILL and ADRIAN GEORGE BARBER DAVIE-THORNHILL all of Stanton Hall, Stanton-in-Peak, Near Matlock, Derbyshire DE4 2CX (the "Thornhill Trustees");

(4) NICHOLAS BACHE BARLOW DAVIE-THORNHILL and ADRIAN GEORGE BARBER DAVIE-THORNHILL and LORD EDWARD JOHN FRANCIS MANNERS and OLIVER DANIEL TARLOW care of the Estate Office, Stanton Hall, Stanton-in-Peak, Matlock, Derbyshire DE4 4BW and of the Estate Office, Haddon Hall, Haddon, Bakewell, Derbyshire DE45 1LA (the "Pool Trustees");

(5) STANCLIFFE STONE CO. LIMITED (company number 2419276) whose registered office is at Landscape House Premier Way, Lowfields Business Park, Elland, West Yorkshire, HX5 9HT (the "Tenant");

(6) STANTON PARK FARM LIMITED (company number 00437147) whose registered office is situated at the Estate Office, Stanton Hall, Stanton in Peak, Matlock, Derbyshire DE4 4BW (the "Farm Tenant"); and

(7) DERBYSHIRE COUNTY COUNCIL of County Hall, Matlock, Derbyshire, DE4 3AG (the "Highway Authority").

WHEREAS:-

(A) The Authority is the minerals planning authority for the area in which Dale View Quarry is situated and by whom the Obligations in this Deed are enforceable.

(B) The Thornhill Trustees are the trustees for the purposes of the Settled Land Act 1925 of the Thornhill Settlement the trust fund of which includes Dale View Quarry and the New Hay Meadow.

(C) The Lessor is the tenant for life under the Settled Land Act 1925 of Dale View Quarry and the New Hay Meadow with registered title DY394262.

(D) The Tenant leases Dale View Quarry from the Lessor under the Dale View Lease.

(E) The Pool Trustees are the owners of the beds of gritstone and associated stone lying on in or under parts of Dale View Quarry with registered title DY432803.

(F) The Farm Tenant has a farm business tenancy from the Lessor in respect of part of registered title DY394262.

(G) The Highway Authority is the highway authority pursuant to the Highways Act 1980 for the area in which Dale View Quarry is situated.

(H) The Tenant has submitted the Planning Application to the Authority.

(I) The Authority is minded to grant the New Planning Permission for the Development subject to the provisions of this Deed without which the New Planning Permission would not be granted. IT IS AGREED as follows:-

1. INTERPRETATION

1.1 In this Deed the following expressions shall have the following meanings:-

"Act" means the Town and Country Planning Act 1990

"Aftercare Works" means the aftercare works to be carried out and completed during the Period of Aftercare the nature and location of such works to be determined in the manner described in Conditions 45 to 50

"Authority's Obligations" means the covenants set out in Part 1 of Schedule 4

"Bond Cap" means £283,671.80 (two hundred and eighty three thousand six hundred and seventy one pounds and eighty pence) increased in the same proportion as the increase in the Index when measured from the date hereof and compared with the value of the Index at the relevant date of review under paragraph 9.1.1 of Schedule 1 or such other figure as shall be agreed or determined from time to time pursuant to paragraphs 9.1.1 to 9.1.4 of Schedule 1

"Certificate of Satisfactory Completion" means a certificate issued by the Authority confirming that the Restoration Works and/or the Aftercare Works (as appropriate) have been completed to the satisfaction of the Authority

"Commencement" means the date on which any material operation as defined in Section 56(4) of the Act forming part of the Development begins to be carried out

"Conditions" means the conditions set out in the New Planning Permission

"Condition' followed by a numeral" means the condition bearing that number in the New Planning Permission

"Dale View Lease" means a lease relating to Dale View Quarry dated 23 March 2004 and made between (1) the Lessor and (2) the Tenant

"Dale View Quarry" means the land shown edged red on Plan 1

"Default Notice" means a notice served by the Authority on the Tenant pursuant to paragraph 8.6 of Schedule 1

"Development" means the development for which permission is requested and described in the Planning Application

"DVQ Owner" the Lessor unless the Thornhill Trustees are vested with the title to the Revised Site after which time it means the Lessor and/or the Thornhill Trustees

"First Section 106 Agreement" means an Agreement under Section 106 of the Act dated 16 September 2008 and made between (1) the Authority (2) Lord Edward John Francis Manners (3) the Lessor (4) Nicholas Bache Barlow Davie-Thornhill John Phillip Bache Davie-Thornhill Adrian George Barber Davie- "Highway Authority's Obligations" means the covenants set out in Part 2 of Schedule 4

"Highways Contribution" means the sum of up to £10,000 (ten thousand pounds) subject to the Index payable to the Highways Authority every 5 years for 20 years from 16 September 2008 (but which sum may be paid proportionately on an annual basis if reasonably required by the Highways Authority) the calculation of which is more particularly detailed in paragraph 6 of Schedule 1 of this Deed and which sum shall be increased annually in line with the Index and which sum shall represent a contribution to the maintenance and repair of the Road

"Index" means the All Items Index of Retail Prices issued by the Office for National Statistics

"Land Management Works" means the land management works to be carried out and completed during the Period of Land Management Works on Dale View Quarry after completion of the Aftercare Works the nature of such works to be determined in accordance with the details set out in paragraph 10 of Schedule 1

"LSU" means Livestock Unit. Livestock Units are as follows:-

| Type | Livestock unit | |-----------------------------|----------------| | Dairy cow | 1.0 | | Beef cow | 1.0 | | Cattle over 2 years old | 1.0 | | Cattle 6 months to 2 years old | 0.6 | | Lowland ewe and lamb | 0.15 | | Hill ewe | 0.10 | | Ram and teg (a sheep over 6 months old but under 2 years old) | 0.15 |

"New Hay Meadow" means the land shown edged in yellow on Plan 4

"New Planning Permission" means the planning permission to be granted pursuant to the Planning Application subject to substantially the same conditions as set out in the draft New Planning Permission set out at Schedule 2 and shall include all approvals and variations to conditions granted under the New Planning Permission PROVIDED THAT this shall not apply to any new approval and/or variation to conditions granted under the New Planning Permission if any of the Parties, Highway Authority or Authority serve written notice on the other parties to this agreement to that effect "New Planning Permission Date" means the date which is the later of:

a) 8 weeks after the date that the New Planning Permission is granted without the New Planning Permission being the subject of Proceedings;

b) in the event that Proceedings are commenced during the period of 8 weeks referred to above, the date on which those proceedings are finally disposed of leaving in place the New Planning Permission

"Obligations" means the covenants set out in Schedule 1

"Order" means any order made by the Authority or the Secretary of State under sections 97, 98 or 100 of the Act revoking the 2008 Planning Consent

"Parties" means together the Lessor, the Thornhill Trustees, the DVQ Owner, the Pool Trustees, the Tenant and the Farm Tenant

"Period of Aftercare" means a period of 5 years from completion of the Restoration Works

"Period of Land Management Works" means a period of 20 years from completion of the Period of Aftercare

"Period of Restoration" means the period required to complete the Restoration Works such period to expire no later than 16 September 2030 in accordance with Condition 7

"Plan 1" means the plan appended to this Deed and marked "Plan 1"

"Plan 2" means the plan appended to this Deed and marked "Plan 2"

"Plan 3" means the plan appended to this Deed and marked "Plan 3"

"Plan 4" means the plan appended to this Deed and marked "Plan 4"

"Planning Application" means the application made by or on behalf of the Tenant validated by the Authority on 23 October 2013 under reference number NP/DDD/1013/0973 for the continued extraction of stone from existing quarry, extraction of stone from land to west of existing quarry, provisions of screening and landscaping and restoration of existing quarry and proposed extension under permission NP/DDD/0606/0613 without compliance with conditions 1,10,11,12,17,19,26,36,37,56,57,59,61,62,63, 64 and 65 in order to amend phased working and restoration of Dale View Quarry

"Previous Hay Meadow" means the land shown edged and shaded green on Plan 2

"Proceedings" means all or any of the following:-

(a) an application made to the High Court under part 54 of the Civil Procedure Rules 1998 for judicial review (including an application for leave to proceed with a judicial review hearing) by a third party following the grant of the New Planning Permission by the Authority

(b) an application made to the High Court under part 54 of the Civil Procedure Rules 1998 for judicial review (including an application for leave to proceed with a judicial review hearing) following a refusal to grant the New Planning Permission by the Authority

(c) an application to the High Court made under section 288 of the Act (including an application for leave to proceed to a review hearing) by a third party following the grant of New Planning Permission by the Secretary of State or an Inspector or

(d) an application to the High Court made under section 288 of the Act (including an application for leave to proceed to a review hearing) following a refusal to grant the New Planning Permission by the Secretary of State or an Inspector

and includes any appeal to a higher court following a judgment of a lower court

"2008 Planning Consent"

means the planning permission granted by the Authority under reference NP/DDD/0606/0613 dated 16 September 2008 relating to Dale View Quarry, a copy of which is annexed hereto as Appendix 1

"Revised Site"

means all of the land comprised in Dale View Quarry and the New Hay Meadow

"Restoration and Aftercare Bond"

means the bond or series of consecutive bonds to be entered into by the Tenant and a Surety in accordance with the provisions of paragraph 8 of Schedule 1 hereto a draft of which is set out in 0 hereof (or any variation thereof approved by the Authority)

"Restoration and Aftercare Bond Figure"

means the sum determined from time to time in accordance with the provisions of paragraph 8.5 of Schedule 1 hereto

"Restoration Works"

means the restoration works to be carried out and completed during the Period of Restoration on Dale View Quarry the nature of such works to be as described in Condition 44

"Secretary of State"

means the Secretary of State for Communities and Local Government

"Road"

means the stretch of road between the eastern limit of Stanton in Peak and the northern end of Peaktor Lane shown on Plan 3 "Site" means all of the land comprised in Dale View Quarry and the Previous Hay Meadow

"Stock" means sheep and/or cattle only

"Surety" means any bank insurance company or other financial institution first approved in writing by the Authority (such approval not to be unreasonably withheld or delayed) and bound to the Authority by a Restoration and Aftercare Bond

1.2 In interpreting this Deed:-

1.2.1 unless the context otherwise requires references in this Deed to clauses and schedules are to clauses and schedules in this Deed reference to a clause includes a sub-clause and reference to a paragraph is a reference to a paragraph in a schedule in this Deed;

1.2.2 the headings to clauses and other parts of this Deed are for reference only and do not affect its construction;

1.2.3 this Deed may only be varied in writing signed by or on behalf of the parties;

1.2.4 any obligation on a party not to do any act or thing includes an obligation not to allow that act or thing to be done by any person under its his or their control;

1.2.5 a reference to a person includes an individual, corporation, company, firm or partnership or government or other body or agency, whether or not legally capable of holding land;

1.2.6 unless otherwise specified a reference to legislation (including subordinate legislation) is to that legislation as extended, amended, modified, consolidated or re-enacted from time to time and includes any instrument, order, regulation, permission, consent, licence, notice, direction, bye-law, statutory guidance or code of practice made or granted under such legislation;

1.2.7 the "Authority" shall include any statutory body assuming the responsibilities of the Peak District National Park Authority and "the Parties" shall include their respective successors in title lessees and assigns to and of Dale View Quarry, the gritstone and associated stone in or under it and the New Hay Meadow as appropriate.

1.2.8 Insofar as any clause or clauses paragraph or paragraphs of this Deed are found (for whatever reason) to be invalid illegal or unenforceable then such invalidity illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed.

2. OBLIGATIONS

2.1 The Parties so far as the Obligations affect their respective estates and interests in the Revised Site at the date hereof HEREBY COVENANT with the Authority as set out in Schedule 1 but so that each of the Parties shall only be liable for breaches of those obligations which they are expressed to undertake in Schedule 1.

2.2 The Tenant agrees to indemnify the Lessor, the Thornhill Trustees, the Pool Trustees and the Farm Tenant against all actions losses, demands, claims proceedings, expenses and liabilities arising under this Deed by reason of any breach by the Tenant or any person acting on behalf or for the Tenant or any person deriving title from the Tenant of its obligations in paragraphs 1, 2, 5, 6, 7, 8 and 9 of Schedule 1.

2.3 If any of the Parties shall suffer losses in consequence of the indemnity at paragraph 3 of Schedule 1 then 2.3.1 where those losses are attributable to the breach by one or more of the Parties (or persons deriving title from them after the date of this Deed) of their obligations set out at paragraph 2 of Schedule 1 the Party or Parties who (or whose successors in title) are in breach will indemnify the other Parties in respect of such losses; and

2.3.2 where those losses are attributable to sub-paragraphs 3.1.2 or 3.1.3 of paragraph 3.1 of Schedule 1 due to a claim made by a person whose interest causes any Party to be in breach of any of the warranties contained in Clauses 3.11 to 3.13 of this Deed the Party or Parties who are in breach of such warranty or warranties will indemnify the other parties in respect of such losses; and

2.3.3 where those losses are attributable to sub-paragraphs 3.1.2 or 3.1.3 of paragraph 3.1 of Schedule 1 and 2.3.2 above does not apply then the Tenant will indemnify the other Parties in respect of such losses.

2.4 The Authority HEREBY COVENANTS with the Parties that it shall observe and perform the Authority's Obligations.

2.5 The Highways Authority HEREBY COVENANTS with the Parties that it shall observe and perform the Highways Authority's Obligations.

2.6 The Authority and the Highways Authority:

2.6.1 agree and confirm that the First Section 106 Agreement (except for paragraph 2 and 3 of Schedule 1 thereof) shall cease to have effect on the Commencement of Development; and

2.6.2 (for the avoidance of doubt) from the New Planning Permission Date release the Site from all the covenants and obligations under the First Section 106 Agreement (except for paragraphs 2 and 3 of Schedule 1 thereof) and release the Parties from all liability (past present and future) arising in respect of the Site under the First Section 106 Agreement but without prejudice to the continuing liability of the Parties amongst themselves under the First Section 106 Agreement

3. GENERAL PROVISIONS

It is agreed and declared as follows:-

3.1 This Deed (apart from Clauses 3.1 and 3.9 and to the extent only that the remaining provisions of this deed have not already been complied with) shall cease to have effect if the New Planning Permission

3.1.1 shall be revoked or otherwise withdrawn or it is modified (without the consent of the Parties) by any statutory procedure at any time; or

3.1.2 expires prior to the Commencement of Development; or

3.1.3 is quashed prior to the New Planning Permission Date.

AND FOR THE AVOIDANCE OF DOUBT if for whatever reason this Deed ceases to have effect the First Section 106 Agreement shall remain in full force and effect, SAVE THAT it is hereby agreed that the Hay Meadow as defined in the First Section 106 Agreement shall be replaced with the New Hay Meadow.

3.2 No person shall be liable for breach of a covenant contained in this Deed after parting with all interest in the Revised Site or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest AND FOR THE AVOIDANCE OF DOUBT neither the reservation of any rights or the inclusion of any covenants or restrictions over the Revised Site in any transfer of the Revised Site (or any part or parts of the Revised Site) shall constitute an interest for the purposes of this Clause; 3.3 Save for the provisions of Clause 3.9 which shall come into effect immediately upon completion of this Deed the Obligations shall take effect from the New Planning Permission Date;

3.4 This Deed is a local land charge and shall be registered as such;

3.5 Following the performance and satisfaction of all the obligations contained in this Deed the Authority shall effect the cancellation of all entries made in the Register of Local Land Charges in respect of this Deed;

3.6 Nothing in this Deed will unlawfully fetter the discretion of the Authority in the exercise of any of its statutory functions or powers;

3.7 This Deed contains planning obligations under section 106 of the Act;

3.8 Where any agreement certificate consent notice permission expression of satisfaction or other such approval is to be given by the Authority under this Deed the same shall not be unreasonably withheld or delayed and may only be given in writing;

3.9 The Tenant agrees to pay the reasonable costs of the Authority and the Highway Authority incurred in the drafting, negotiation and completion of this Deed;

3.10 The Certificate of Satisfactory Completion when issued in respect of the Restoration Works shall discharge the requirements of Condition 44 and when issued in respect of the Aftercare Works shall discharge the requirements of Conditions 45 to 50;

3.11 The Parties hereby separately warrant to the Authority that the titles to their respective estates and interests in the Revised Site are as stated in Recitals (B) (C) (D) (E) and (F) and this Deed shall take effect subject to any matters contained or referred to in the registered titles mentioned in those Recitals;

3.12 The Lessor and the Thornhill Trustees in respect of Dale View Quarry and the New Hay Meadow hereby separately warrant to the Authority and to the Tenant that save as described in Recitals (B), (C), (D), (E) and (F) no other person has any interest in Dale View Quarry.

3.13 The Tenant hereby warrants to the Lessor, the Thornhill Trustees and the Authority that it has not created any interest in favour of any person out of the Dale View Lease.

3.14 No provisions of this Deed shall be enforceable under the Contracts (Rights of Third Parties) Act 1999.

3.15 This Deed is governed by and interpreted in accordance with the law of England

EXECUTED AS A DEED by the parties on the date which first appears in this Deed. SCHEDULE 1

THE OBLIGATIONS

1. FURTHER WINNING AND WORKING OF MINERAL

1.1 The DVQ Owner, the Farm Tenant, the Pool Trustees and the Tenant each severally as to their respective interests covenant that no winning and working of minerals or any other similar development at Dale View Quarry shall be carried out pursuant to their respective interests other than in accordance with the New Planning Permission or any further permission or permissions for the winning and working of minerals or any other similar development at Dale View Quarry SAVE THAT nothing in this paragraph shall prohibit the DVQ Owner, the Pool Trustees, the Farm Tenant or the Tenant from applying after the date of this Deed for planning permission in respect of development at Dale View Quarry or appealing to the Secretary of State in respect of refusal of planning permission following such application and carrying out development pursuant to any such planning permission that is granted.

2. REVOCATION

2.1 The Lessor, the Thornhill Trustees, the Pool Trustees, the Tenant and the Farm Tenant each severally as to their respective interests covenant that:-

2.2 The 2008 Planning Consent will not be further implemented from the New Planning Permission Date;

2.3 No representations of objection will be made in the event that the Authority or Secretary of State makes an Order and by entering into this Deed the Parties confirm for the purposes of Sections 97 and 99 of the Act that they do not object to such an Order being made PROVIDED THAT no such Order is made before the New Planning Permission Date;

2.4 No claim for compensation will be made pursuant to Section 107 of the Act or any other statutory provision as a result of an Order being made PROVIDED THAT no such Order is made before the New Planning Permission Date.

2.5 And, for the avoidance of doubt, this Deed comprises notice to the Authority on behalf of the Parties that they do not object to the making of an Order.

3. INDEMNITY

3.1 The Lessor, the Thornhill Trustees, the Pool Trustees, the Tenant and the Farm Tenant each severally covenant to indemnify the Authority against all liabilities, costs, expenses, damages and losses (including any legal and other reasonable professional costs and expenses) suffered or incurred by the Authority arising out of or in connection with:-

3.1.1 any breach by the Parties or any one of them of the covenants contained in paragraphs 2.2, 2.3 and 2.4 of this Schedule 1;

3.1.2 any proceedings held by the Secretary of State pursuant to sections 98 and 99 of the Act prior to confirmation of any Order;

3.1.3 any compensation paid by the Authority to the Parties or any one of them or any other person pursuant to Section 107 of the Act or any other statutory provision in connection with the making of an Order.

4. NEW HAY MEADOW

4.1 The DVQ Owner and the Farm Tenant jointly and severally covenant to manage the New Hay Meadow (subject to any amendments to the following requirements as may be agreed in writing from time to time by the Authority) as a hay meadow in the following manner:-

4.1.1 If in any year the New Hay Meadow is grazed then:- (a) no other animal except Stock shall be grazed; (b) prior to grazing commencing stock proof fencing shall be erected and thereafter maintained to enclose Stock within the New Hay Meadow; (c) stocking levels shall not exceed 0.6 LSU per hectare during April and May to minimise disturbance to ground nesting birds; and (d) any Stock shall be excluded from the New Hay Meadow from 7 May until after crop is cut.

4.1.2 If in any year the New Hay Meadow is not grazed then following the cutting of the grass crop a second cut shall take place between the 1 September and 31 October and the crop shall be removed from the land after a minimum period of 36 hours and a maximum period of 5 days.

4.1.3 In either case (i.e. whether the New Hay Meadow is grazed or not grazed) then:- (a) hay shall be cut and removed from the New Hay Meadow every year. Hay must be turned at least once and left in the Hay Meadow for a minimum period of 36 hours and a maximum period of 5 days before removal; (b) unless otherwise agreed with the Authority, the grass crop in the New Hay Meadow shall be cut between 15 July and 15 August every year. At least one year in three it shall be cut after 1 August to allow the late flowering species to set seed; (c) a margin of 1.5 metres wide at field boundaries shall remain unmown; and (d) weed killing shall only be carried out with the prior written agreement of the Authority.

5. EXTRATION OF STONE

The DVQ Owner and the Tenant jointly and severally covenant that all stone extracted from those parts of the Dale View Quarry from which stone may be extracted shall be extracted, processed (at Dale View Quarry or at other premises) and removed from Dale View Quarry only for building, walling, or monumental uses, except for a maximum of 500 tonnes per annum which may be extracted, processed (at Dale View Quarry or at other premises) and removed from Dale View Quarry for rip-rap uses for flood defence work.

6. HIGHWAYS CONTRIBUTION

6.1 The Tenant covenants as follows:-

6.1.1 to attend a meeting in April each year with the Highway Authority the purpose of which is to assess the Road to ascertain damage and wear to the Road which may reasonably be considered to be attributable to traffic generated by the transport of mineral from Dale View Quarry in respect of the 12 months immediately preceding the annual meeting and to calculate the amount due for the 12 months as part of the Highways Contribution to repair that damage and wear to the Road and appropriate rights SAVE THAT in the event the Tenant shall not attend such an annual meeting it shall accept the calculation by the Highways Authority of the Highways Contribution in respect of that 12 month period;

6.1.2 to pay all sums due as part of the Highways Contribution to the Highway Authority within 28 days of receipt of an invoice identifying the sum as payable. 7. RESTORATION AND AFTERCARE

The DVQ Owner and the Tenant jointly and severally covenant in respect of Dale View Quarry:-

7.1 to notify the Authority in writing immediately upon completion of the Restoration Works and/or the Aftercare Works respectively.

7.2 to grant to the Authority or its agents or sub-contractors a licence to enter upon Dale View Quarry at all reasonable times with all persons machinery vehicles or other equipment reasonably required for the purpose of inspecting the Restoration Works and the Aftercare Works or for the purpose of undertaking the Restoration Works and/or the Aftercare Works.

8. RESTORATION AND AFTERCARE BOND

8.1 The Tenant hereby covenants that it will

8.1.1 simultaneously with the completion of this Deed procure provide and thereafter maintain a Restoration and Aftercare Bond with a Surety to cover the Restoration Works and the Aftercare Works;

8.1.2 on the termination of the Restoration and Aftercare Bond referred to at sub-clause 8.1.1 and on the termination of each subsequent Restoration and Aftercare Bond procure provide and thereafter maintain a Restoration and Aftercare Bond (provided that such bond can be for a period of more than five years) with a Surety to cover the then remaining Restoration Works and the Aftercare Works.

8.2 The Restoration and Aftercare Bond shall be in the form set out in 0 hereto with any revisions required by the Surety and approved by the Authority (such approval not to be unreasonably withheld or delayed) in the sum of whichever is the lower of:-

8.2.1 the Restoration and Aftercare Bond Figure which figure shall have been calculated in accordance with paragraph 8.5.1 below; and

8.2.2 the Bond Cap.

Save for the first Restoration and Aftercare Bond entered into contemporaneously with this Deed which shall be in the sum of £283,671.80 (two hundred and eighty three thousand six hundred and seventy-one pounds and eighty pence).

8.3 The Restoration and Aftercare Bond shall be in a form to bind the Tenant and the Surety to the Authority in order to secure the performance by the Tenant of Condition 44 and Conditions 45 to 50 to carry out and complete the Restoration Works and the Aftercare Works.

8.4 The sum secured by the Restoration and Aftercare Bond will in the event of default by the Tenant in performing Condition 44 and Conditions 45 to 50 or in complying with the obligations in paragraphs 8.1 and 8.2 of this Schedule become payable to the Authority should the Tenant remain in default in order to enable the Authority to cover the cost of completing or procuring the completion of the Restoration Works and/or the Aftercare Works.

8.5 The Restoration and Aftercare Bond Figure shall be reviewed in the following manner:-

8.5.1 The Tenant shall on every fifth anniversary of the date hereof obtain a written recommendation from a professional minerals valuation expert who is a member of the Royal Institution of Chartered Surveyors (the "Expert") as to the proper calculation of the Restoration and Aftercare Bond Figure for the remainder of the Period of Restoration and Period of Aftercare as at that date and shall submit such recalculation to the Authority for its consideration;

8.5.2 if the Authority acting reasonably and without unreasonable delay notifies the Tenant in writing that it agrees with the Tenant's recalculation of the Restoration and Aftercare Bond Figure then such recalculation shall be treated as the Restoration and Aftercare Bond Figure for the purposes of the Restoration and Aftercare Bond and the Tenant shall notify the Surety in writing of the recalculated Restoration and Aftercare Bond Figure;

8.5.3 if the Authority acting reasonably and without unreasonable delay notifies the Tenant in writing that it disagrees with the Tenant's recalculations of the Restoration and Aftercare Bond Figure then acting reasonably and having had due regard to the written recommendations of the Expert it shall notify the Tenant in writing within four weeks from receipt of the Tenant's recalculations of its proper calculation of the Restoration and Aftercare Bond Figure for the remainder of the Period of Restoration and Period of Aftercare and such recalculations shall be treated as the Restoration and Aftercare Bond Figure for the purposes of the Restoration and Aftercare Bond and the Tenant shall notify the Surety in writing of the recalculated Restoration and Aftercare Bond Figure;

8.5.4 the Tenant may at any time until the date of its notification under paragraph 7.1 above in respect of the Aftercare Works seek to review the Restoration and Aftercare Bond Figure under sub-clauses 8.5.1 to 8.5.3 above save that it shall not seek any such review sooner than 12 months after the date of the last notification of a recalculated Restoration and Aftercare Bond Figure to the Surety.

8.6 The Tenant shall remain in default for the purposes of Clause 8.4 above if one of the following circumstances apply:-

8.6.1 the Authority acting reasonably shall have served a duly authenticated notice in writing upon the Tenant setting out the reasons why it considers that the Tenant is in breach of Condition 44 and Conditions 45 to 50 (as the case may be) and specifying the reasonable period within which the Restoration Works and/or the Aftercare Works shall be completed (the "Default Notice") and the Tenant shall have acknowledged such breach in writing (whether or not such acknowledgement includes an admission or denial of the breach); or

8.6.2 the Authority shall have served a Default Notice upon the Tenant and the Tenant shall have given no response in writing to the Default Notice within 28 days of receipt by the Tenant of the Default Notice; or

8.6.3 the Tenant shall have failed to provide the Authority with written confirmation from the Surety at least 1 month before the expiration of any period during which any current Restoration and Aftercare Bond shall be in force that payment for a consecutive Restoration and Aftercare Bond has been made to the Surety; or

8.6.4 the Tenant shall have failed to provide the Authority with written confirmation from the Surety at least 1 month before the expiration of any period during which any current Restoration and Aftercare Bond shall be in force that upon the expiration of such period the Restoration and Aftercare Bond will be renewed or a new Restoration and Aftercare Bond completed.

8.7 The obligation in Clauses 8.1 to 8.6 (inclusive) of this Schedule 1 shall cease if and immediately upon the date that the New Planning Permission:

8.7.1 shall be revoked or otherwise withdrawn or it is modified (without the consent of the Parties) by any statutory procedure at any time; or

8.7.2 expires prior to the Commencement of Development; or

8.7.3 is quashed prior to the New Planning Permission Date.

9. BOND CAP REVIEW

9.1 The Bond Cap shall be reviewed in the following manner:-

9.1.1 the Tenant shall on every fifth anniversary of the date hereof obtain a written recommendation from a professional minerals valuation expert who is a member of the Royal Institution of Chartered Surveyors (the "Expert") as to the proper calculation of the Bond Cap for the remainder of the Period of Restoration and Period of Aftercare as at that date and may submit such recalculation to the Authority for its consideration;

9.1.2 if the Authority acting reasonably and without unreasonable delay notifies the Tenant in writing that it agrees with the Tenant's recalculation of the Bond Cap then such recalculation shall be treated as the Bond Cap for the purposes of the Restoration and Aftercare Bond;

9.1.3 if the Authority acting reasonably and without unreasonable delay notifies the Tenant in writing that it disagrees with the Tenant's recalculation of the Bond Cap then either the Tenant or the Authority may refer the issue of the proper calculation of the Bond Cap to the determination of an Expert (but not the Expert who has provided the written recommendations under paragraph 9.1.1 above) in accordance with paragraph 9.1.4 below PROVIDED THAT until formal notification of the decision of the Expert pursuant to paragraph 9.1.4 below

(a) the value of the Restoration and Aftercare Bond and the Bond Cap shall remain as calculated by the Authority and

(b) the Restoration and Aftercare Bond shall continue in force

9.1.4 any reference to an Expert in accordance with paragraph 9.1.3 above shall be to an Expert unconnected to any of the parties hereto and experienced in minerals valuation matters whose identity shall be agreed between the Tenant and the Authority or appointed on the application of the Tenant or the Authority by the President of the Royal Institution of Chartered Surveyors or his duly appointed deputy and the decision of such Expert shall be final and binding upon the Tenant and the Authority who hereby agree to act in accordance with his decision (save for manifest error) and if the Tenant and the Authority shall agree in writing such reference shall be deemed to be a reference to an expert (and not an arbitrator) but shall otherwise be deemed to be a reference to an arbitrator pursuant to the Arbitration Act 1996 and if any Expert shall act as an expert pursuant to the terms of this paragraph 9.1.4 the Tenant and the Authority shall be entitled to submit to him representations and cross-representations with such supporting evidence as they shall consider necessary and he shall have regard thereto in making his decision which he shall deliver in writing as expeditiously as possible and the reference to him shall include authority to determine in what manner all the costs of the referral (whether incurred by the Tenant or the Authority or the Expert himself) shall be paid;

9.1.5 the Tenant may at any time until the date of its notification under paragraph 7.1 above in respect of the Aftercare Works seek to review the Bond Cap under sub-paragraphs 9.1.1 to 9.1.4 above save that it shall not seek any such review sooner than 12 months after the date of the last agreement to or determination of a recalculated Bond Cap.

10. LAND MANAGEMENT WORKS

The DVQ Owner and the Farm Tenant jointly and severally covenant:-

10.1 Immediately after issue by the Authority of a Certificate of Satisfactory Completion in respect of the Aftercare Works to carry out the Land Management Works, which shall consist of the management of Dale View Quarry as a hay meadow (subject to any amendments to the following requirements as may be agreed in writing from time to time by the Authority) in the following manner:-

10.1.1 if in any year Dale View Quarry is grazed then:-

(a) no other animal except Stock shall be grazed;

(b) prior to grazing commencing stock proof fencing shall be erected and thereafter maintained to enclose Stock within Dale View Quarry; (c) stocking levels shall not exceed 0.6 LSU per hectare during April and May to minimise disturbance to ground nesting birds; and

(d) any Stock shall be excluded from Dale View Quarry from 7 May until after crop is cut.

10.1.2 If in any year Dale View Quarry is not grazed then following the cutting of the grass crop a second cut shall take place between 1 September and 31 October and the crop shall be removed from the land after a minimum period of 36 hours and a maximum period of 5 days.

10.1.3 In either case (i.e. whether Dale View Quarry is grazed or not grazed) then:-

(a) hay shall be cut and removed from Dale View Quarry every year. Hay must be turned at least once and left on Dale View Quarry for a minimum period of 36 hours and a maximum period of 5 days before removal;

(b) unless otherwise agreed with the Authority, the grass crop on Dale View Quarry shall be cut between 15 July and 15 August every year. At least one year in three it shall be cut after 1 August to allow the late flowering species to set seed;

(c) a margin of 1.5 metres wide at field boundaries shall remain unmown; and

(d) weed killing shall only be carried out with the prior written agreement of the Authority. SCHEDULE 2 DRAFT NEW PLANNING PERMISSION PLANNING DECISION NOTICE

To: Stancliffe Stone Ltd C/ AECOM o Royal Court, Basil Close; Chesterfield, Derbyshire S41 7SL

THIS NOTICE RELATES TO PLANNING CONTROL ONLY, ANY OTHER STATUTORY CONSENT MUST BE OBTAINED FROM THE APPROPRIATE AUTHORITY

TOWN & COUNTRY PLANNING ACTS & GENERAL DEVELOPMENT ORDER

In pursuance of the powers vested in the Peak District National Park Authority under the above Acts and Order, and with reference to your application for Full Planning Permission, details of which are as follows:

Office Code No. NP/DDD/1013/0973 Date received: 23/10/2013 Proposal: CONTINUED EXTRACTION OF STONE FROM EXISTING QUARRY, WITH AMENDED PHASED EXTRACTION OF STONE, AMENDED PROVISIONS OF SCREENING AND LANDSCAPING AND AMENDED RESTORATION, UNDER PERMISSION REF NP/DDD/0606/0613 WITHOUT COMPLIANCE WITH PLANNING CONDITIONS 1, 10, 11, 12, 17, 19, 26, 36, 37, 56, 57, 59, 61, 62, 63, 64, & 65. Location: Dale View Quarry Lees Road Parish: Stanton in Peak

THE DECISION

HAVING TAKEN ENVIRONMENTAL INFORMATION INTO CONSIDERATION NOTICE IS HEREBY GIVEN THAT PERMISSION FOR THE PROPOSED DEVELOPMENT in the manner described on the application and shown on the accompanying plans and drawings is

Signed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Attention is called to the notes at the end of this Decision Notice

Form TCP3 GRANTED subject to the following conditions:

**Approved Details**

1. The development hereby permitted shall be begun within 3 years from the date of this permission, and the working, restoration and aftercare of the site shall be carried out only in accordance with this permission and its conditions, the application, EIA and plans refs:

- 47040083.DV.03 Rev D Stage 1 End 2015 dated April 14
- 47040083.DV.04 Rev C Stage 2 End 2016 dated April 14
- 47040083.DV.05 Rev C Stage 3 End 2021 dated April 14
- 47040083.DV.06 Rev C Stage 4 End 2025 dated April 14
- 47040083.DV.07 Rev C Stage 5 End 2030 dated March 14
- 47040083.DV.08 Rev B Cross Section A-'A' dated March 14
- 47040083.DV.22 Cross Section B-'B' dated March 14
- 47040083.DV.23 Compound Area dated 04/16

and relevant plans from the application ref NP/DDD/0606/0613 including:

- M/S147/06/01B REV 2 DATED 11/10/06
- M/S147/06/02 DATED 01/06/2006
- M/S147/06/05 DATED JUNE 2006

unless amended by this permission and its conditions.

**Landscaping**

2. A minimum stand-off of 10 metres shall be maintained between the dry stone wall boundary along the northern edge of Lees Road and the landscape screening mound shown on plan 'existing screening mound' shown on plan 47040083.DV.03 Rev D Stage 1 End 2015 dated April 14. Except for the purposes of maintenance of the landscape screening mound the stand-off shall not be used for vehicular access.

3. The 'existing screening mound' shown on plan 47040083.DV.03 Rev D Stage 1 End 2015 dated April 14 shall be retained in its existing profile and shall be maintained by mowing, any weed killing, fertilizing and any application of soil improvement material shall only be carried out with the prior written agreement of the Mineral Planning Authority.

4. The areas shown as 'Supplementary Planting (completed)' on plan 47040083.DV.03 Rev D Stage 1 End 2015 dated April 14 in the event of partial or total failure of the planting shall be planted as follows:

i) 55% hawthorn (crataegus monogyna) 450 mm to 600 mm high, 18% sessile oak (quercus petraea) 1.2 metres high, 18% common oak (quercus robur) 1.2 metres high, 2% holly (ilex aquifolium) 300 mm high, 7% rowan (sorbus aucupana) 1.2 metres high

planted in random spaced groups of varied numbers of plants, leaving gaps for natural regeneration between groups. 5) The railings at the weighbridge shall only be coloured and maintained BS 08B29 Vandyke Brown.

Duration

6. The winning and working of minerals, the importation and deposit of mineral waste and the removal of mineral, from the site shall cease on or before 16 September 2028.

7. Restoration to hay meadow, agriculture, amenity and nature conservation afteruses shall be completed by 16 September 2030, in accordance with the plan 47040083.DV.07 Rev C Stage 5 End 2030 dated March 14.

Stockpiles and Soil Treatment and Storage

08. Mineral shall not be stockpiled except in the location marked as 'Interim Stock/Waste Rock/ Restoration Stockpile on plans • 47040083.DV.03 Rev D Stage 1 End 2015 dated April 14 • 47040083.DV.04 Rev C Stage 2 End 2016 dated April 14 • 47040083.DV.05 Rev C Stage 3 End 2021 dated April 14 • 47040083.DV.06 Rev C Stage 4 End 2025 dated April 14 and shall be stored in the profile shown on those plans.

09. Soils stored on the site shall not be moved other than for use in final restoration, and during storage shall not be traversed by machinery.

10. No movement of topsoil or subsoil shall occur except when all soil is in a suitably dry and friable condition that is not subject to smearing.

Decision Notice

11. A copy of the decision notice and accompanying approved plans and documents shall be held at the site office and shall be available for inspection by the Mineral Planning Authority throughout the duration of the development hereby approved.

Output and Phasing

12. No mineral shall be won and worked from the site other than gritstone.

13. No waste materials or overburden arising from the site or stone off-cuts arising from Stancliffe Stone’s stone cutting operations shall be placed anywhere on the site other than in the locations and profiles marked 'Interim stock/waste rock/restoration stockpile' on plans • 47040083.DV.03 Rev D Stage 1 End 2015 dated April 14 • 47040083.DV.04 Rev C Stage 2 End 2016 dated April 14 • 47040083.DV.05 Rev C Stage 3 End 2021 dated April 14 • 47040083.DV.06 Rev C Stage 4 End 2025 dated April 14.

14. From the date of this permission the site operator shall maintain records of weekly sales output of mineral from the site. All such records and weighbridge tickets shall be provided to the Mineral Planning Authority on a confidential basis within 14 days of the Mineral Planning Authorities request. All records shall be kept for at least three years.

15. The total annual sales output of mineral from the site shall not exceed 62,000 tonnes in any calendar year.

16. In January of each year the operator shall supply in writing to the Mineral Planning Authority a schedule showing the total sales output of mineral from the site (in tonnes) for the preceding calendar year.

17. The total sales output of mineral from the site shall not exceed 1.19 million tonnes from 16 September 2008.

18. In January of each year the site operator shall supply the Mineral Planning Authority with a current survey plan of the site, specifying levels and depths of working, the positions and levels of faces, benches, stockpiles, waste heaps and backfilled areas.

**Geotechnical**

19. For the duration of the winning and working of minerals under this permission, every January the annual geotechnical assessments and geotechnical appraisals undertaken at the site shall be submitted to the Mineral Planning Authority.

**Traffic**

20. The total number of lorry movements per day shall not exceed 36 movements (18 into the site, 18 out of the site) on Monday to Friday, 18 movements on Fridays (9 into and 9 out of the site) and 18 movements (9 into and 9 out of the site) on five Saturdays per calendar year where pre-notification is given under condition 28.

21. Lorries leaving the site shall not turn right, and a sign indicating that lorries are prohibited from turning right displayed at the exit of the site shall be retained throughout the duration of winning and working minerals from the site.

22. The gross weight of lorries used to transport stone to and from the site shall not exceed 32 tonnes. No vehicles other than lorries of a 6 or 8 wheel rigid tipper design shall be used to transport stone.

**Access**

23. No vehicles shall gain access to the site except by way of the access shown on

- 47040083.DV.03 Rev D Stage 1 End 2015 dated April 14
- 47040083.DV.04 Rev C Stage 2 End 2016 dated April 14
- 47040083.DV.05 Rev C Stage 3 End 2021 dated April 14
- 47040083.DV.06 Rev C Stage 4 End 2025 dated April 14

24. All road haulage shall remain on the areas marked 'hardstanding' or lorry loading area on plan 47040083.DV.23 dated 04/16. No plant and equipment used in the winning and working of minerals or used in conjunction with quarry development works or ancillary development works shall enter the area marked 'hardstanding' on plan 47040083.DV.23 dated 04/16.

No plant and equipment used in the winning and working of minerals or used in conjunction with quarry development works or ancillary development works shall enter the 'lorry loading area' on plan 47040083.DV.23 dated 04/16, other than plant and equipment engaged in loading mineral onto road haulage vehicles.

The surfacing of the site access shall be maintained in a good state of repair and kept free of mud and debris at all times until completion of site restoration and aftercare.

**Hours of Operation**

Except in emergencies to maintain safe working (which shall be notified to the Mineral Planning Authority as soon as practicable):

i) no development (including lorry movements to and from the site), other than servicing, environmental monitoring, maintenance and testing of plant shall be carried out at the site except between the hours of:

- 0700 to 1900 Monday to Thursday
- 0700 to 1300 Friday

ii) No development (including lorry movements to and from the site), other than servicing, environmental monitoring, maintenance and testing of plant shall be carried out at the site on Saturdays, except for a maximum of five Saturdays per calendar year, where lorry movements and mineral extraction may be carried out between 0700 to 1300, and for which the Mineral Planning Authority and the Chairman of Stanton in Peak Parish Council have been given not less than 24 hours notice.

iii) No operations other than environmental monitoring shall take place at the site on Sundays, Bank or Public Holidays.

**Dust**

Facilities, including water bowsers, shall be provided and maintained in operation during all permitted working hours to enable haul roads to be dampened as required in order to minimise airborne dust emissions from the site.

**Noise**

All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer's specifications at all times, and shall be have effective silencers in order to minimise noise emissions. Save for the purposes of maintenance, no machinery shall be operated with the covers open or removed.

No sound reversing warning systems shall be used on vehicles associated with the development other than non-bleeping reversing warning (such as white noise reversing warning). 32) The cumulative corrected noise level from mineral extraction and related development from the land, including maintenance of machinery and vehicular movements within the site, shall not exceed 55 dB Laeq 1h as measured outside any living room or bedroom window of any dwelling in accordance with the British Standard method of measurement.

**Blasting**

33. No blasting shall be carried out other than black powder blasting. No more than 90% of all ground borne vibration from blasting shall exceed 6 mm and no ground borne vibration from any blast shall exceed 12 mm per second. No one blast shall exceed 12 mm per second peak particle velocity.

**Lighting**

34. No lighting shall be installed or used at the site.

**Ecology**

35. No trees shall be felled, lopped or otherwise removed between 1 March and 31 August each year.

36. The existing mature trees parallel with Lees Road shown on plans

- 47040083.DV.03 Rev D Stage 1 End 2015 dated April 14
- 47040083.DV.04 Rev C Stage 2 End 2016 dated April 14
- 47040083.DV.05 Rev C Stage 3 End 2021 dated April 14
- 47040083.DV.06 Rev C Stage 4 End 2025 dated April 14

shall not be felled, lopped, damaged or otherwise removed.

**Archaeology**

37. No soil stripping shall be carried out on the site.

**Protection of Groundwater**

38. In the event that slurry, water or other extraneous material from the site flows onto any part of the public highway, provision shall be made for the installation and maintenance of a drainage system to ensure that no further drainage problems occur. The drainage system shall be approved in writing by the Mineral Planning Authority prior to its installation.

39. There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways.

40. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

41. No vehicle maintenance shall be carried out on the site except on impermeable areas constructed so that resulting drainage can be intercepted prior to discharge and to allow representative samples to be taken. Details of the location and construction of the impermeable area shall be submitted for the prior approval in writing to the Mineral Planning Authority.

Permitted Development

42. Notwithstanding the provisions of parts 17 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending, replacing or re-enacting that Order):

i) no fixed plant or machinery, buildings, or structures and erections shall be erected, extended, installed or replaced at the site, without the prior approval in writing of the Mineral Planning Authority.

ii) no materials other than waste and overburden arising from the site and gritstone off-cuts arising from stone cutting carried out off site by Stancilffe Stone Ltd shall be deposited at the site. No materials shall be placed anywhere except the waste rock/restoration stockpile areas shown on plans

- 47040083.DV.03 Rev D Stage 1 End 2015 dated April 14
- 47040083.DV.04 Rev C Stage 2 End 2016 dated April 14
- 47040083.DV.05 Rev C Stage 3 End 2021 dated April 14
- 47040083.DV.06 Rev C Stage 4 End 2025 dated April 14.

Plant Buildings and Machinery

43. No mobile plant shall be parked or stored within the site when not in use, except within the area marked as 'Compound' on plan 47040083.DV.23.

44. Buildings, structures and erections shall only be painted or otherwise maintained in BS 08B29 'Vandyke Brown' to a matt finish.

45. All plant and machinery, buildings, hard-standings, structures and erections shall be removed from the site not later than 16 September 2030

Restoration

46. The site shall be regraded and restored suitable for use as hay meadow (agriculture) on the area shown as 'neutral grassland' and woodland edge planting (amenity) in accordance with the details shown on plans

- 47040083.DV.07 Rev C Stage 5 End 2030 dated March 14,
- 47040083.DV.08 Rev B Cross Section A-'A' dated March 14
- 47040083.DV.22 Cross Section B-'B' dated March 14. Aftercare

47. Aftercare shall be carried out for five years from the date of completion of restoration of the site.

48. During the aftercare period the area of the site shown as 'neutral grassland' on plan 47040083.DV.07 Rev C Stage 5 End 2030 dated March 14 shall be seeded and managed as a hay meadow in accordance with the following:

i) The land shall be sown either: a) during September with either dried hay meadow seed collected during July from the fields marked in green as 'Areas to be included in a Grassland Management Agreement' on plan M/S147/06/05 (dated June 2006); b) during July by placement of hay immediately after it has been cut from the fields marked in green as 'Areas to be included in a Grassland Management Agreement' on plan M/S147/06/05 (dated June 2006);

ii) In the event of failure of the seeding the land shall be re-sown in the year following initial seeding during July by placement of hay immediately after it has been cut from the fields marked in green as 'Areas to be included in a Grassland Management Agreement' on plan M/S147/06/05 (dated June 2006).

if in any year land is grazed then:-

iii) no other animal except sheep or cattle shall be grazed;

iv) stocking levels shall not exceed 0.6 LSU per hectare during April and May to minimise disturbance to ground nesting birds; and

v) any Stock shall be excluded from the Hay Meadow from 7 May until after crop is cut.

If in any year the land is not grazed then:

vi) following the cutting of the grass crop a second cut shall take place between the 1 September and 31 October and the crop shall be removed from the land after a minimum period of 36 hours and a maximum period of 5 days.

In either case (i.e. whether the land is grazed or not grazed) then:-

vii) hay shall be cut and removed from the land every year. Hay must be turned at least once and left on the land for a minimum period of 36 hours and a maximum period of 5 days before removal;

viii) the grass crop in the hay meadow shall be cut between 15 July and 15 August every year. At least one year in three it shall be cut after 1 August to allow the late flowering species to set seed;

ix) a margin of 1.5 metres wide at field boundaries shall remain unmown; and

x) weed killing, fertilizing and any application of soil improvement material shall only be carried out with the prior written approval of the MPA.

49. During the aftercare period the areas marked 'Woodland Edge Planting' on plan 47040083.DV.07 REV C Stage 5 End dated MAR 14 shall be planted and managed as follows:

i) No trees shall be planted in the areas marked 'woodland edge planting' on plan 47040083.DV.07 REV C Stage 5 End dated MAR 14 or along replaced field boundaries as shown on plan 47040083.DV.07 REV C Stage 5 End dated MAR 14 except to the following specification: 50% sessile oak (quercus petraea) whips 1.2 metres high, and 50% common oak (quercus robur) whips 1.2 metres high, unless otherwise approved in advance in writing by the MPA.

ii) all trees planted during the aftercare period shall be fenced/protected to exclude stock, rabbits, and deer until the trees have reached a height of 3 metres.

iii) Tree planting shall not take place later than 16 September 2030 of this permission.

50. Details of treatment of the 'Retained Quarry Faces' shown on plan 47040083.DV.07 REV C Stage 5 End dated MAR 14 shall be submitted to the Mineral Planning Authority for approval not later than 16 September 2026.

51. Dry stone wall field boundaries constructed from gritstone shall be constructed on the restored land in the locations shown on plan 47040083.DV.07 REV C Stage 5 End dated MAR 14 not later than 16 September 2030.

52. Field gates shall not be installed at any location other than those shown on plan 47040083.DV.07 REV C Stage 5 End dated MAR 14 and at the access to the site from Lees Road and shall not be of any design other than wooden, five bar, single agricultural gates, unless otherwise approved by the Mineral Planning Authority.

Reasons for conditions

1 To comply with Section 91 of the Town and Country Planning Act 1990.

2 - 5 To ensure satisfactory landscaping to mitigate the effects of the development in the interest of landscape amenity and to prevent damage to the tree roots of the veteran trees along Lees Road, as the retention of these trees is important in the interests of landscape and amenity of the area. 6 & 7 To comply with Part 1 of Schedule 5 to the Town and Country Planning Act 1990 that requires all planning permissions for mineral working to be subject to a time limit condition.

8 In the interests of preventing an unacceptable landscape impact.

9 & 10 To minimise damage and compaction of soils, to ensure the retention of the existing soils on the site for restoration purposes, and to ensure that the storage of soils does not have an unacceptable visual impact.

11 To ensure that all necessary documentation for the purposes of monitoring and securing compliance with the planning permissions are available to site staff.

12 To ensure control over the ongoing development and to protect local amenity and the environment.

13 & 14 To enable the Mineral Planning Authority to monitor the output and development of the site.

15 - 18 To ensure that the development is an appropriate scale in the interests of the amenity of the area and to ensure that the principle of the development is acceptable in policy terms.

19 To ensure that compliance with other legislative regimes is not in conflict with planning control, and to enable monitoring to the site.

20 - 27 In the interests of highway safety and to minimise the impacts of the development on the amenities and environment of the locality.

28 To minimise the impacts of the development on the amenities and environment of the area.

29 To minimise and control the generation of dust to protect local residential amenity and the environment.

30 - 32 In order to ensure that noise is limited to avoid harm to amenity of the area.

33 & 34 In order to protect the amenity of the area.

35 & 36 In order to ensure that existing trees are protected and that habitat for protected species is not reduced.

37 In order to ensure the development is carried out as proposed and in the interests of the protection of archaeological interest.

38 - 41 In the interests of groundwater protection.

42 - 45 In order to minimise the impacts of the development on the landscape, environment and amenities of the area.

46 - 52 To ensure that the site is restored to an acceptable standard and appropriate use in relation to the landscape and environment of the area, and to ensure that the land is correctly managed to bring the land to the standard required for agriculture, amenity and nature conservation use. Informative

In accordance with Regulation 3 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (EIA Regulations 2017) and Article 35(4) of the Town and Country Planning (Development Management Procedure) (England) Order 2015, notice is hereby given that the Mineral Planning Authority in determining the application, has taken into consideration the accompanying Environmental Statement and other environmental information (as defined by Regulation 2 of the EIA Regulations 2017). Furthermore, in determining the application the Mineral Planning Authority has taken into consideration the policies of the development plan for the area and all other material considerations.

The Authority's Officers have provided the applicant/agent with pre-application advice and has worked in a positive and proactive manner.

Footnotes

1. Attention is drawn to the provisions of the legal agreement under Section 106 of the Town and Country Planning Act 1990 associated with this development.

2. With limited exceptions it is illegal to deliberately kill, injure, capture or disturb species (including breeding birds) protected under the Wildlife and Countryside Act 1981 or to obstruct their access or cause damage or destruction to area where they live and breed. Contact Natural England for further information if necessary.

3. Livestock Units are defined as follows:

| Type | Livestock unit | |-----------------------|----------------| | Dairy cow | 1.0 | | Beef cow | 1.0 | | Cattle over 2 years old | 1.0 | | Cattle 6 months to 2 years old | 0.6 | | Lowland ewe and lamb | 0.15 | | Hill ewe | 0.10 | | Ram and teg (a sheep over 60.15 months old but under 2 years old) | |

4. Advice on haymeadow seed harvesting, treatment and storage is available from the Peak District National Park Authority. SCHEDULE 3

DRAFT RESTORATION AND AFTERCARE BOND

DATED 2018

(1) STANCLIFFE STONE CO LIMITED

(2) THE ROYAL BANK OF SCOTLAND PLC

(3) PEAK DISTRICT NATIONAL PARK AUTHORITY

RESTORATION AND AFTERCARE BOND in respect of Dale View Quarry and neighbouring land, Stanton-in-Peak, Matlock, Derbyshire THIS BOND is made on 2018

BETWEEN:-

(1) STANCLIFFE STONE CO LIMITED (company number 2419276) whose registered office is at Landscape House Premier Way, Lowfields Business Park, Elland, West Yorkshire, HX5 9HT;

(2) THE ROYAL BANK OF SCOTLAND PLC (company number SC046419) whose registered office is at 24/25 St Andrew Square, Edinburgh, EH2 1AF and whose address for service is at Yorkshire Corporate Banking, 3rd floor, 2 Whitehall Quay, Leeds, LS1 4HR; and

(3) PEAK DISTRICT NATIONAL PARK AUTHORITY of Aldern House, Baslow Road, Bakewell, Derbyshire DE45 1AE.

IT IS AGREED as follows:-

1. BY THIS BOND STANCLIFFE STONE CO LIMITED (hereinafter called "Stancliffe") and THE ROYAL BANK OF SCOTLAND PLC (hereinafter called the "Surety") are held and formally bound unto PEAK DISTRICT NATIONAL PARK AUTHORITY (hereinafter called the "Authority") in the sum of £283,671.80 (two hundred and eighty three thousand six hundred and seventy one pounds and eighty pence) (hereinafter called the "Restoration and Aftercare Bond Figure") for the payment of which sum Stancliffe and the Surety bind themselves jointly and severally by these presents.

2. SEALED with the respective common seals of Stancliffe and the Surety or executed as a deed by Stancliffe and the Surety and dated this day of two thousand and sixteen.

3. WHEREAS Stancliffe and others by an Agreement (hereinafter called the "Planning Agreement") dated the day of 2018 and made between the Authority and Stancliffe and others has agreed with the Authority inter alia provisions for the carrying out and completion of the Restoration Works and the Aftercare Works in respect of the Dale View Quarry and neighbouring land, Stanton-in-Peak, Matlock, Derbyshire.

NOW the conditions of the above written Bond are as follows:-

04. If Stancliffe shall comply with Condition 44 and Conditions 45 to 50 of the New Planning Permission in respect of the carrying out and completion of the Restoration Works and the Aftercare Works and shall receive a Certificate of Satisfactory Completion from the Authority then this Bond shall thereupon be discharged and the Surety released from all its responsibilities hereunder.

05. Should Stancliffe remain in default as defined in paragraph 8.6 of Schedule 1 to the Planning Agreement the Surety shall be and become liable to satisfy and discharge the costs and expenses incurred by the Authority in carrying out and completing such works set out in a Default Notice as referred to in paragraph 8.6.1 of the said Schedule 1 (or procuring the same) up to the Restoration and Aftercare Bond Figure but until the responsibilities of the Surety hereunder shall be discharged and the Surety released this Bond shall be and remain in full force and effect until the Restoration Works and the Aftercare Works have been carried out and completed pursuant to Condition 44 and Conditions 45 to 50 of the New Planning Permission.

06. No (a) variation in the terms of the Planning Agreement or the New Planning Permission nor any further planning agreement or planning permission nor any variation in the nature of the Restoration Works or the Aftercare Works nor (b) any failure by the Authority to initiate or complete enforcement action or proceedings against Stancliffe shall release Stancliffe or the Surety from any liability under this Bond but nothing in this Clause shall prevent Stancliffe from reviewing the Restoration and Aftercare Bond Figure under paragraph 8.5 of Schedule 1 to the Planning Agreement following such variation.

07. The Surety shall forthwith become liable to the Authority if Stancliffe shall enter into liquidation whether compulsory or voluntary (save for amalgamation or reconstruction of a solvent company) or has appointed an administrative or other receiver of its undertaking but such liability shall not arise if the Authority confirms in writing to the Surety and Stancliffe (such confirmation not to be unreasonably withheld or delayed) that it is satisfied firstly that the Restoration Works and the Aftercare Works (as the case may be) will be satisfactorily carried out by Stancliffe or by a third party and secondly that a new Bond has been entered into by the third party in the same terms as this Bond.

08. The Surety may not assign the burden of its responsibilities hereunder except with the prior written consent of the Authority and only to a bank, insurance company or other financial institution approved in writing by the Authority (such approval not to be unreasonably withheld or delayed).

09. The definition of "Certificate of Satisfactory Completion" "New Planning Permission" "Restoration Works" "Aftercare Works" when used in this Bond shall be the same as the definitions contained in the Planning Agreement.

10. This Bond shall not confer any benefit upon and no term hereof shall be enforceable by any person under or by virtue of the Contracts (Rights of Third Parties) Act 1999.

11. The obligation and liabilities of the Surety under this Bond shall cease and determine absolutely

11.1.1 if the Planning Agreement comes to an end under any of clauses 3.1.1, 3.1.2 and 3.1.3 of the Planning Agreement

11.1.2 at 5pm on the date which is 5 years from the date hereof or by the date of the Certificate of Satisfactory Completion in respect of the Aftercare Works (whichever is sooner) (the "Expiry Time") save in respect of any breach of Condition 44 and Conditions 45 to 50 (as the case may be) of the New Planning Permission or of the obligations in paragraphs 8.1 and 8.2 of Schedule 1 of the Planning Agreement on the part of Stancliffe which has occurred and in respect of which a claim in writing has been made by the Authority upon the Surety prior to the Expiry Time under Clause 11.2 below in respect of costs and expenses to be incurred by the Authority in securing compliance with Condition 44 and Conditions 45 to 50 (as the case may be) of the New Planning Permission.

11.2 For the purposes of Clause 11.1 the Authority may serve written notice of a claim upon the Surety prior to the Expiry Time in respect of costs and expenses to be incurred by the Authority in the performance or discharge of any of Condition 44 and Conditions 45 to 50 (as the case may be) of the New Planning Permission and may thereafter make supplemental claims (as well after as before the Expiry Time) in respect of such matters as and when costs and expenses are incurred.

11.3 Notwithstanding Clause 11.1 if prior to the Expiry Time the Surety shall deliver to the Authority a notice in writing duly signed by an authorised representative of the Surety extending the period of this Bond to a date not less than three years from the then current Expiry Time (an "Extension Notice") the obligations and liabilities of the Surety hereunder shall continue to subsist and the date specified in such an Extension Notice shall be the Expiry Time.

11.4 Subject to the foregoing provisions of this clause the Authority may make one or more claims hereunder provided that the maximum aggregate liability of the Surety shall not exceed the Restoration and Aftercare Bond Figure.

12. Any notice to be given under this Bond by the Surety to the Authority shall be delivered personally or by recorded delivery post addressed to the Authority's Head of Law at the address above given or such other address for service as shall have been previously notified by the Authority to the Surety.

12.1 Any notice to be given under this Bond by the Authority to the Surety shall be delivered personally or by recorded delivery post addressed to the Surety at the address above given for the Surety or such other address for service as shall have previously been notified by the Surety to the Authority's Head of Law. 12.3 Any notice to be given under this Bond by the Authority to Stancliffe shall be delivered personally or by recorded delivery post addressed to Stancliffe at the address above given for Stancliffe or such other address for service as shall have previously been notified by Stancliffe to the Authority's Head of Law.

12.4 Upon Stancliffe receiving a duly authenticated Default Notice or Certificate of Satisfactory Completion in respect of the Aftercare Works from the Authority it shall forthwith deliver a copy thereof to the Surety.

12.5 This Bond is personal to the Authority and shall not be transferred or assigned by the Authority.

12.6 The provisions of this Bond shall be governed by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.

Executed as a deed by

STANCLIFFE STONE CO. LIMITED

acting by:

.................................................................

Director

.................................................................

Secretary/Director

THE COMMON SEAL of

ROYAL BANK OF SCOTLAND

was affixed to this Deed in the presence of:-

.................................................................

Authorised signatory

THE COMMON SEAL of

PEAK DISTRICT NATIONAL PARK AUTHORITY

was affixed to this Deed in the presence of:-

.................................................................

Authorised Signatory SCHEDULE 4

PART 1

THE AUTHORITY'S OBLIGATIONS

1. NEW PLANNING PERMISSION

To issue the New Planning Permission within 3 working days of the date hereof.

2. RESTORATION WORKS AND AFTERCARE WORKS

2.1 Not later than the end of the period of 28 days following receipt of the relevant notice referred to in Clause 7.1 of Schedule 1 above the Authority shall inspect the Restoration Works and/or the Aftercare Works as appropriate and if the Restoration Works and/or the Aftercare Works as appropriate have been carried out to the satisfaction of the Authority it shall issue a Certificate of Satisfactory Completion to the Tenant within 7 days of the date of the inspection.

2.2 To apply the sum paid by the Surety to the Authority pursuant to Clause 5 of the Restoration and Aftercare Bond towards the procurement of satisfactory completion of the Restoration Works and/or the Aftercare Works as appropriate and to repay to the Surety any unexpended balance thereof within 28 days of satisfactory completion of the Restoration Works and/or the Aftercare Works.

PART 2

THE HIGHWAY AUTHORITY'S OBLIGATIONS

To apply the Highways Contribution towards the maintenance and repair of the Road. THE COMMON SEAL of PEAK DISTRICT NATIONAL PARK AUTHORITY was affixed to this Deed in the presence of:-

EXECUTED (but not delivered until the date hereof) AS A DEED by LORD EDWARD JOHN FRANCIS MANNERS in the presence of:-

EXECUTED (but not delivered until the date hereof) AS A DEED by NICHOLAS BACHE BARLOW DAVIE-THORNHILL in the presence of:-

Authorised Signatory

Witness 1

Witness 2

Witness 1

Witness 2 EXECUTED (but not delivered until the date hereof) AS A DEED by JOHN PHILLIP BACHE DAVIE-THORNHILL in the presence of:-

Witness 1 Witness 2

EXECUTED (but not delivered until the date hereof) AS A DEED by ADRIAN GEORGE BARBER DAVIE-THORNHILL in the presence of:-

Witness 1 Witness 2

EXECUTED (but not delivered until the date hereof) AS A DEED by OLIVER DANIEL TARLOW in the presence of:-

Witness 1 Witness 2 EXECUTED (but not delivered until the date hereof) AS A DEED by STANCLIFFE STONE CO. LIMITED acting by two Directors or one Director and the Company Secretary:-

Director

Director/Secretary

EXECUTED (but not delivered until the date hereof) AS A DEED by STANTON PARK FARM LIMITED acting by two Directors or one Director and the Company Secretary:-

Director

Director/Secretary

THE COMMON SEAL of DERBYSHIRE COUNTY COUNCIL was affixed to this Deed in the presence of:-

Authorised Signatory

Authorised Signatory SCHEDULE 4

PART 1

THE AUTHORITY'S OBLIGATIONS

1. NEW PLANNING PERMISSION

To issue the New Planning Permission within 3 working days of the date hereof.

2. RESTORATION WORKS AND AFTERCARE WORKS

2.1 Not later than the end of the period of 28 days following receipt of the relevant notice referred to in Clause 7.1 of Schedule 1 above the Authority shall inspect the Restoration Works and/or the Aftercare Works as appropriate and if the Restoration Works and/or the Aftercare Works as appropriate have been carried out to the satisfaction of the Authority it shall issue a Certificate of Satisfactory Completion to the Tenant within 7 days of the date of the Inspection.

2.2 To apply the sum paid by the Surety to the Authority pursuant to Clause 5 of the Restoration and Aftercare Bond towards the procurement of satisfactory completion of the Restoration Works and/or the Aftercare Works as appropriate and to repay to the Surety any unexpended balance thereof within 28 days of satisfactory completion of the Restoration Works and/or the Aftercare Works.

PART 2

THE HIGHWAY AUTHORITY'S OBLIGATIONS

To apply the Highways Contribution towards the maintenance and repair of the Road. THE COMMON SEAL of PEAK DISTRICT NATIONAL PARK AUTHORITY was affixed to this Deed in the presence of:-

Authorised Signatory

EXECUTED (but not delivered until the date hereof) AS A DEED by LORD EDWARD JOHN FRANCIS MANNERS in the presence of:-

Witness 1 Witness 2

EXECUTED (but not delivered until the date hereof) AS A DEED by NICHOLAS BACHE BARLOW DAVIE-THORNHILL in the presence of:-

Witness 2 EXECUTED (but not delivered until the date hereof) AS A DEED by JOHN PHILLIP BACHE DAVIE-THORNHILL in the presence of:-

Witness 1 Witness 2

EXECUTED (but not delivered until the date hereof) AS A DEED by ADRIAN GEORGE BARBER DAVIE-THORNHILL in the presence of:-

Witness 1 Witness 2

EXECUTED (but not delivered until the date hereof) AS A DEED by OLIVER DANIEL TARLOW in the presence of:-

Witness 1 Witness 2 EXECUTED (but not delivered until the date hereof) AS A DEED by STANCLIFFE STONE CO. LIMITED acting by two Directors or one Director and the Company Secretary:-

Director

Director/Secretary

EXECUTED (but not delivered until the date hereof) AS A DEED by STANTON PARK FARM LIMITED acting by two Directors or one Director and the Company Secretary:-

Director

Director/Secretary

THE COMMON SEAL of DERBYSHIRE COUNTY COUNCIL was affixed to this Deed in the presence of:-

Authorised Signatory

Authorised Signatory EXECUTED (but not delivered until the date hereof) AS A DEED by JOHN PHILLIP BACHE DAVIE-THORNHILL in the presence of:-

Witness 1 Witness 2

EXECUTED (but not delivered until the date hereof) AS A DEED by ADRIAN GEORGE BARBER DAVIE-THORNHILL in the presence of:-

Witness 1 Witness 2

EXECUTED (but not delivered until the date hereof) AS A DEED by OLIVER DANIEL TARLOW in the presence of:-

Witness 1 Witness 2 EXECUTED (but not delivered until the date hereof) AS A DEED by STANCLIFFE STONE CO. LIMITED acting by two Directors or one Director and the Company Secretary:-

Director

Director/Secretary

EXECUTED (but not delivered until the date hereof) AS A DEED by STANTON PARK FARM LIMITED acting by two Directors or one Director and the Company Secretary:-

Director

Director/Secretary

THE COMMON SEAL of DERBYSHIRE COUNTY COUNCIL was affixed to this Deed in the presence of:-

Authorised Signatory

Authorised Signatory EXECUTED (but not delivered until the date hereof) AS A DEED by JOHN PHILLIP BACHE DAVIE-THORNHILL in the presence of:-

Witness 1 Witness 2

EXECUTED (but not delivered until the date hereof) AS A DEED by ADRIAN GEORGE BARBER DAVIE-THORNHILL in the presence of:-

Witness 1 Witness 2

EXECUTED (but not delivered until the date hereof) AS A DEED by OLIVER DANIEL TARLOW in the presence of:-

Witness 1 Witness 2 EXECUTED (but not delivered until the date hereof) AS A DEED by STANCLIFFE STONE CO. LIMITED acting by two Directors or one Director and the Company Secretary:-

Director

Director/Secretary

EXECUTED (but not delivered until the date hereof) AS A DEED by STANTON PARK FARM LIMITED acting by two Directors or one Director and the Company Secretary:-

Director

Director/Secretary

THE COMMON SEAL of DERBYSHIRE COUNTY COUNCIL was affixed to this Deed in the presence of:-

Authorised Signatory

Authorised Signatory

Number in Seal Book 2018/500 APPENDIX 1

PLANNING PERMISSION REFERENCE: NP/DDD/0606/0613 PLANNING DECISION NOTICE

To: Stancliffe Stone Ltd C/o Carter Jonas Black Birches Hadnall Shrewsbury SY4 3DH

THIS NOTICE RELATES TO PLANNING CONTROL ONLY, ANY OTHER STATUTORY CONSENT MUST BE OBTAINED FROM THE APPROPRIATE AUTHORITY

TOWN & COUNTRY PLANNING ACTS & GENERAL DEVELOPMENT ORDER

In pursuance of the powers vested in the Peak District National Park Authority under the above Acts and Order, and with reference to your application for Full Planning Permission, details of which are as follows:

Office Code No. NP/DDD/0606/0613 Date received: 27/06/2006 Proposal: Continued extraction of stone from existing quarry, extraction of stone from land to west of existing quarry, provisions of screening and landscaping and restoration of existing quarry and proposed extension. Location: Dale View Quarry Lees Road Parish: Stanton in Peak

THE DECISION

NOTICE IS HEREBY GIVEN THAT PERMISSION FOR THE PROPOSED DEVELOPMENT in the manner described on the application and shown on the accompanying plans and drawings is

GRANTED subject to the following conditions:

1. The development hereby permitted shall be begun from the date of this permission, and the working, restoration and aftercare of the site shall be carried out only in accordance with this permission and its conditions, the application, EIA and plans including:

M/S147/06/17-A (dated June 2006), M/S147/06/18-A (dated June 2006), M/S147/06/19B (dated June 2006), M/S147/06/20B (dated June 2006), M/S147/06/21B (dated June 2006), M/S147/06/22B (dated June 2006), M/S147/06/05 (dated June 2006), M/S147/06/45 (dated 10/01/2007), M/S147/06/44 (dated 10/01/2007), M/S147/06/24-A (dated June 2006), M/S147/06/22-D (dated November 2006), M/S147/06/43 (dated 04/12/06), M/S147/06/02-A (June 2006), M/S147/06/16-A (dated June 2006), M/S147/06/04-A (dated 31/10/06), M/S147/06/25-C (dated October 2006), M/S147/06/03 (dated June 2006), M/S147/06/08 (dated June 2006), M/S147/06/25 (dated June 2006), M/S147/06/25-BB.

unless amended by this permission and its conditions.

Signed

Date 16/9/2008

Attention is called to the notes at the end of this Decision Notice

Form TCP3 Pre Conditions

2. No development shall take place until a programme of archaeological fieldwork (including open area excavation), for recording and retrieval of archaeology as mitigation for the loss of archaeological interest, in accordance with a written scheme of investigation has been submitted by the applicant and agreed in writing by the Mineral Planning Authority (MPA), and is subsequently carried out as agreed.

Preliminary Landscaping Works

3. Prior to the construction of the landscape screening mound parallel with Lees Road, as shown on plan M/S147/06/17-A dated June 2006 and M/S147/06/16-A dated June 2006, the false access shown on plan M/S147/06/25 dated June 2006 shall be removed and the proposed dry-stone wall shown on the plan shall be constructed from gritstone in accordance with a specification which has been agreed in writing in advance by the MPA.

4. No mineral shall be won and worked and removed from the site six months after the date of this permission unless the landscape screening mound parallel with Lees Road as shown on plan M/S147/06/17-A dated June 2006 and M/S147/06/16A dated June 2006 has been constructed.

5. Prior to the construction of the landscape screening mound shown on plan M/S147/06/17-A dated June 2006 and M/S147/06/16-A dated June 2006, topsoils and subsoils shall be stripped from the land where the screening mound is to be constructed and no movement of soils shall occur except when:

   a) all soil is in a suitably dry and friable condition that is not subject to smearing;

   b) the topsoil is sufficiently dry that it can be separated from the subsoil;

The MPA shall be notified in writing at least 7 days prior to commencement of soil stripping operations;

6. The landscape screening mound parallel with Lees Road, as shown on plan M/S147/06/17-A dated June 2006 and M/S147/06/16-A dated June 2006 shall be constructed from overburden and surfaced with soils arising from the site edged red on plan M/S147/06/01-A.

7. The landscape screening mound parallel with Lees Road, as shown on plan M/S147/06/17-A dated June 2006 and M/S147/06/16-A dated June 2006 shall not exceed a height of 2.5 metres measured from ground level on the southern side of the bund.

8. A minimum stand-off of 10 metres shall be maintained between the dry stone wall boundary along the northern edge of Lees Road and the landscape screening mound shown on plan M/S147/06/17-A dated June 2006 and M/S147/06/16-A dated June 2006, unless otherwise agreed in writing by the MPA. Except for the purposes of maintenance of the landscape screening mound or trees the stand-off shall not be used for vehicular access.

9. Unless otherwise agreed in writing by the MPA the landscape screening mound shown on plan M/S147/06/17-A dated June 2006 and M/S147/06/16-A dated June 2006 shall be seeded

   a) in the first planting season (either March – June or September – November) following completion of the mound, with grass seed mix constituting:

   25% Perennial rye grass 20% Creeping red fescue 30% Hard fescue 10% Smooth stalked meadow grass 10% Brown top bent 5% White clover

   at a rate of 12g per m² seeds per hectare;

   and then b) not later than two years from the date of the permission the landscape screening mound shall be additionally sown with haymeadow seed collected from the fields marked in green as 'Areas to be included in a Grassland Management Agreement' on plan M/S147/06/05 (dated June 2006) from the date of this permission;

c) in the event of failure of the seeding, the landscape screening mound shall be re-seeded with haymeadow seed collected from the fields marked in green as 'Areas to be included in a Grassland Management Agreement' during the following planting season;

d) Following seeding, the landscape screening mound shall be maintained by mowing, any weed killing, fertilizing and any application of soil improvement material shall only be carried out with the prior written agreement of the MPA.

10. Detailed specification of fencing to exclude rabbits and deer shall be submitted to the MPA for writing agreement within three months of the date of this permission and prior to the installation of any deer and rabbit proof fencing. Once agreed no specification of fencing to exclude rabbits and deer shall be used other than that agreed, unless otherwise agreed in advance in writing by the MPA.

11. Not later than six months of the date of this permission deer and rabbit proof fencing shall be erected at the locations for deer fencing shown on plan M/S147/06/17-A dated June 2006, with the exception of the fencing around the area marked 'Woodland Edge Planting' at the northern boundary of the site, which shall not be fenced.

12. The deer and rabbit proof fencing shall be maintained to ensure the exclusion of deer and rabbits until the trees planted are a height of 3 metres, and the fencing shall be removed within eight weeks of the MPA notifying the operator that the tree planting is 3m high, unless otherwise agreed in writing by the MPA.

13. Not later than nine months of the date of this permission, following the erection of deer and rabbit proof fencing, the areas of planting shown on plan M/S147/06/24-A dated June 2006 shall be planted as follows:

a) The area shown east of the site entrance, parallel with Lees Road shall be planted with:

i) a hawthorn (crataegus monogyna) hedge planted four plants wide with 9 plants per metre, 450 mm to 600 mm high, staggered cane and rabbit guarded; and

ii) 6 sessile oaks, 1.2 metres high shall be planted at even spacing within the hedge planting.

b) The areas east of the site entrance parallel with the weighbridge, and west of the site entrance shall be planted with:

i) 250 hawthorn (crataegus monogyna) 450 mm to 600 mm high, 80 sessile oak (quercus petraea) 1.2 metres high, 80 common oak (quercus robur) 1.2 metres high, 8 holly (ilex aquifolium) 300 mm high, 30 rowan (sorbus aucupana) 1.2 metres high, planted in random spaced groups of varied numbers of plants, leaving gaps for natural regeneration between groups.

c) The area shown as 'Woodland Edge Planting' adjoining the northern boundary of the site shall not be planted, and shall be left to continue natural recolonisation.

d) In the event of failure of the tree planting, re-planting to the specification above shall take place during the following planting season, unless otherwise agreed in writing by the MPA.

14. Not later than twelve months of the date of this permission the office and mess room facilities shall be relocated from the existing weighbridge area at the entrance of the site, to the area marked 'Plant Parking Area' on plan M/S147/06/17-A dated June 2006, leaving only the weighbridge and stone weighbridge office at the entrance to the site.

15. The buildings shown in the plant parking area on plan M/S147/06/25-C shall be coloured 08B29 Vandyke Brown, unless otherwise agreed in writing by the MPA and shall not be maintained in any other colour without the prior agreement in writing of the MPA.

16. Not later than six months of the date of this permission the railings at the weighbridge shall be re-painted to 08829 Vandyke Brown, unless otherwise agreed in writing with the MPA, and thereafter shall not be maintained any other colour without the prior agreement in writing of the MPA.

17. No winning and working of mineral or removing of mineral from the site shall take place two years from the date of this permission unless the area within the red line boundary shown as 'neutral grassland permanent restoration' as shown on phasing plans M/S147/06/17-A (dated June 2006), M/S147/06/18-A (dated June 2006), M/S147/06/19B (dated June 2006), M/S147/06/20B (dated June 2006), M/S147/06/21B (dated June 2006), is:

i) Stripped of topsoil and subsoils when they are in a dry and friable condition, and the soils are temporarily stored in a location to be agreed in advance in writing by the MPA;

ii) Re-graded followed by the placement of the previously stripped soils when they are in a dry and friable condition, onto the regraded surface, to the levels shown on plan M/S147/06/17-A, with a minimum soil depth of 6cm;

iii) The soil surface shall be tilled;

iv) Sown either:

a) during September with either dried hay meadow seed collected during July from the fields marked in green as 'Areas to be included in a Grassland Management Agreement' on plan M/S147/06/05 (dated June 2006);

b) during July by placement of hay immediately after it has been cut from the fields marked in green as 'Areas to be included in a Grassland Management Agreement' on plan M/S147/06/05 (dated June 2006);

v) In the event of failure of the seeding the land shall be re-sown in the year following initial seeding during July by placement of hay immediately after it has been cut from the fields marked in green as 'Areas to be included in a Grassland Management Agreement' on plan M/S147/06/05 (dated June 2006).

If in any year the area within the red line boundary shown as 'neutral grassland permanent restoration' is grazed then:-

vi) stock proof fencing shall be erected to permanently exclude stock from the mineral extraction, tipping, and access areas;

vii) no other animal except sheep or cattle shall be grazed;

viii) stocking levels shall not exceed 0.6 Livestock Units (LSU) per hectare during April and May each year to minimise disturbance to ground nesting birds; and

ix) any stock shall be excluded from the Hay Meadow from 7 May each year until after crop is cut.

If in any year the area within the red line boundary shown as 'neutral grassland permanent restoration' is not grazed then:

x) following the cutting of the grass crop a second cut shall take place between the 1 September and 31 October each year and the crop shall be removed from the land after a minimum period of 36 hours and a maximum period of 5 days.

In either case (ie whether the area within the red line boundary shown as 'neutral grassland permanent restoration' is grazed or not grazed) then:- xi) Hay shall be cut and removed from the Hay Meadow every year. Hay must be turned at least once and left in the Hay Meadow for a minimum period of 36 hours and a maximum period of 5 days before removal;

xii) unless otherwise agreed with the MPA, the grass crop in the Hay Meadow shall be cut between 15 July and 15 August every year. At least one year in three it shall be cut after 1 August to allow the late flowering species to set seed;

xiii) a margin of 1.5 metres wide at field boundaries shall remain unmown; and

xiv) weed killing, fertilizing and any application of soil improvement material shall only be carried out with the prior written agreement of the MPA.

**Duration**

18. The winning and working of minerals, the importation and deposit of mineral waste and the removal of mineral, from the site shall cease on or before 20 years from the date of commencement of the permission.

19. Restoration to hay meadow agriculture, and amenity (nature conservation) afteruses shall be completed 22 years from the date of this permission, in accordance with the plan M/S147/06/22B, unless otherwise agreed in writing by the MPA.

**Stockpiles and Soil Treatment and Storage**

20. Details of stockpiling, including location of stockpiles shall be submitted for the written agreement of the MPA within eight weeks of the date of this permission, and thereafter no stockpiling shall take place other than in accordance with the agreed details.

21. The height of stockpiles shall not exceed 2 metres in height.

22. Soils shall be used immediately in progressive restoration or temporarily stored on the site. Prior to the storage of soils, details of volume, height and location of soil storage, are submitted to the MPA and are agreed in writing by the MPA. Following agreement of a scheme, soils shall only be stored in accordance with the agreed scheme.

23. All available surface vegetation, topsoils and subsoils shall be stripped and no movement of topsoil or subsoil shall occur except when all soil is in a suitably dry and friable condition that is not subject to smearing.

**Decision Notice**

24. A copy of the decision notice and accompanying approved plans and documents shall be held at the site office and shall be available for inspection by the MPA throughout the duration of the development hereby approved.

**Output and Phasing**

25. No mineral shall be won and worked from the site other than gritstone.

26. No overburden or waste materials arising from the site, or stone off-cuts arising from Prospect Quarry, shall be placed anywhere on the site other than in the locations and profiles marked 'waste rock/restoration stockpile' on plans M/S147/06/17-A (dated June 2006), M/S147/06/18-A (dated June 2006), M/S147/06/19B (dated June 2006), M/S147/06/20B (dated June 2006), M/S147/06/21B (dated June 2006), unless otherwise agreed in writing by the MPA.

27. From the date of this permission the site operator shall maintain records of weekly sales output of mineral from the site. All such records and weighbridge tickets shall be provided to the MPA on a confidential basis within 14 days of the MPA's request. All records shall be kept for at least three years.

28. The total annual sales output of mineral from the site shall not exceed 62,000 tonnes in any calendar year.

29. In January of each year the operator shall supply in writing to the MPA a schedule showing the total sales output of mineral from the site (in tonnes) for the preceding calendar year.

30. The total sales output of mineral from the site shall not exceed 1.19 million tonnes from the date of this permission.

31. Except as may otherwise be agreed in writing by the MPA, in January of each year the site operator shall supply the MPA with a current survey plan of the site, specifying levels and depths of working, the positions and levels of faces, benches, stockpiles, waste heaps and backfilled areas.

Geotechnical

32. For the duration of the winning and working of minerals under this permission, every January or such other intervals as may be agreed in writing by the MPA, the annual geotechnical assessments and geotechnical appraisals undertaken at the site shall be submitted to the MPA.

Traffic

33. The total number of lorry movements per day shall not exceed 36 movements (18 into the site, 18 out of the site) on Monday to Friday, 18 movements on Fridays (9 into and 9 out of the site) and 18 movements (9 into and 9 out of the site) on five Saturdays per calendar year where pre-notification is given under condition 39.

34. Lorries leaving the site shall not turn right, and not later than three months of the date of this permission details of a sign indicating that lorries are prohibited from turning right, and proposed position of the sign shall be submitted to the MPA for written agreement. The agreed sign shall be displayed at the exit of the site throughout the duration of winning and working minerals from the site.

35. The gross weight of lorries used to transport stone to and from the site shall not exceed 32 tonnes. No vehicles other than lorries of a 6 or 8 wheel rigid tipper design shall be used to transport stone.

Access

36. No vehicles shall gain access to the site except by way of the access shown on plans M/S147/06/17-A (dated June 2006), M/S147/06/18-A (dated June 2006), M/S147/06/19B (dated June 2006), M/S147/06/20B (dated June 2006), M/S147/06/21B (dated June 2006), M/S147/06/22B (dated June 2006), unless otherwise agreed in writing by the MPA.

37. No winning and working of minerals or removal of minerals from the site shall take place from 6 months of the date of this permission unless details of either:

- internal haul road surfacing and segregation of lorries transporting stone from the site by public highway and quarry plant and machinery are submitted for the agreement of the MPA and once agreed shall be implemented as agreed;

OR

- details of a wheel wash for prior agreement in writing by the MPA which once agreed shall be installed as agreed, within nine months of the date of this permission.

38. The surfacing of the site access, shall be maintained in a good state of repair and kept free of mud and debris at all times until completion of site restoration and aftercare.

Hours of Operation

39. Except in emergencies to maintain safe working (which shall be notified to the MPA as soon as practicable) or unless the MPA has agreed otherwise in writing: i) no development (including lorry movements to and from the site), other than servicing, environmental monitoring, maintenance and testing of plant shall be carried out at the site except between the hours of:

0700 to 1900 Monday to Thursday 0700 to 1300 Friday

ii) No development (including lorry movements to and from the site), other than servicing, environmental monitoring, maintenance and testing of plant shall be carried out at the site on Saturdays, except for a maximum of five Saturdays per calendar year, where lorry movements and mineral extraction may be carried out between 0700 to 1300, and for which the MPA and the Chairman of Stanton in Peak Parish Council have been given not less than 24 hours notice.

iii) No operations other than environmental monitoring shall take place at the site on Sundays, Bank or Public Holidays.

**Dust**

40. Facilities, including water bowsers, shall be provided and maintained in operation during all permitted working hours to enable the site (including haul roads, tipping areas, overburden heaps, and stock areas) to be dampened as required in order to minimise airborne dust emissions from the site.

**Noise**

41. All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer's specifications at all times, and shall be have effective silencers in order to minimise noise emissions. Save for the purposes of maintenance, no machinery shall be operated with the covers open or removed.

42. No sound reversing warning systems shall be used on vehicles associated with the development other than non-bleeping reversing warning (such as white noise reversing warning).

43. The cumulative corrected noise level from mineral extraction and related development from the land, including maintenance of machinery and vehicular movements within the site, shall not exceed 55 dB L\_{eq} 1h as measured outside any living room or bedroom window of any dwelling in accordance with the British Standard method of measurement.

44. The noise level arising from the removal of topsoil, subsoil and the reggrading of the area shown as 'neutral grassland permanent restoration' as shown on phasing plans M/S147/06/17-A (dated June 2006), shall not exceed 70 dBA L\_{eq} (1 hour) at any residential property. Such operations shall be subject to at least three days prior notification to the MPA and limited to a maximum of 8 weeks in any calendar year.

**Blasting**

45. No blasting shall be carried out other than black powder blasting. No more than 90% of all ground borne vibration from blasting shall exceed 6 mm and no ground borne vibration from any blast shall exceed 12 mm per second. No one blast shall exceed 12 mm per second peak particle velocity.

**Lighting**

46. No lighting shall be installed or used at the site without the prior written agreement of the MPA.

**Ecology**

47. No trees shall be felled, lopped or otherwise removed until twelve bat boxes have been installed within the area of Sheepwalk Wood within the applicant's control as shown on plan M/S147/06/01-A at locations agreed in advance in writing by the MPA.

48. No trees shall be felled, lopped or otherwise removed between 1 March and 31 August each year unless otherwise agreed in advance in writing by the MPA.

49. The existing mature trees parallel with Lees Road shown on plan M/S147/06/21B (dated June 2006) shall not be felled, lopped, damaged or otherwise removed unless otherwise agreed in advance in writing by the MPA.

Archaeology

50. No soil stripping shall be carried out without the MPA being given 14 days prior notification in writing of the date of commencement of stripping operations.

51. An archaeological watching brief shall be carried out during all operations for the stripping of soils in areas not subject to open excavation under the programme of archaeological investigation agreed under condition 2.

Protection of Groundwater

52. In the event that slurry, water or other extraneous material from the site flows onto any part of the public highway, provision shall be made for the installation and maintenance of a drainage system to ensure that no further drainage problems occur. The drainage system shall be agreed in writing by the MPA prior to its installation.

53. There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters; whether direct or via soak-aways.

54. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

55. No vehicle maintenance shall be carried out on the site except on impermeable areas constructed so that resulting drainage can be intercepted prior to discharge and to allow representative samples to be taken. Details of the location and construction of the impermeable area shall be submitted for the prior agreement in writing to the MPA. Once agreed the impermeable area shall be constructed as agreed.

Permitted Development

56. Notwithstanding the provisions of parts 19 and 21 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, replacing or re-enacting that Order):

i) no fixed plant or machinery, buildings, or structures and erections shall be erected, extended, installed or replaced at the site, without the prior agreement in writing of the MPA.

ii) no materials other than waste and overburden arising from the site and gritstone offcuts from the mineral processing facility at Prospect Quarry, Grangemill, Matlock shall be deposited at the site. No materials shall be placed anywhere except the waste rock/restoration stockpile areas shown on plans M/S147/06/17-A (dated June 2006), M/S147/06/18-A (dated June 2006), M/S147/06/19B (dated June 2006), M/S147/06/20B (dated June 2006), M/S147/06/21B (dated June 2006).

Plant Buildings and Machinery

57. No mobile plant shall be parked or stored within the site when not in use, except within the area marked as 'Plant Parking Area' on plan M/S147/06/17-A dated June 2006 or at another location below surrounding ground level, unless otherwise agreed in writing by the MPA. All plant and machinery, buildings, hard-standings, structures and erections shall be removed from the site not later than 22 years from the date of this permission.

**Restoration**

The site shall be regraded and restored suitable for use as hay meadow (agriculture) on the area shown as 'neutral grassland' and woodland edge planting (amenity) in accordance with the details shown on plan M/S147/06/22B (dated June 2006) and M/S147/06/25-BB, unless otherwise agreed in writing by the MPA.

**Aftercare**

Aftercare shall be carried out for five years from the date of completion of restoration of the site.

During the aftercare period the area of the site shown as 'neutral grassland' on plan M/S147/06/22B (dated June 2006), shall be seeded and managed as a hay meadow in accordance with the following:

i) The land shall be sown either: a) during September with either dried hay meadow seed collected during July from the fields marked in green as 'Areas to be included in a Grassland Management Agreement' on plan M/S147/06/05 (dated June 2006); b) between 15 July and 15 August by placement of hay immediately after it has been cut from the fields marked in green as 'Areas to be included in a Grassland Management Agreement' on plan M/S147/06/05 (dated June 2006);

ii) In the event of failure of the seeding the land shall be re-sown in the year following initial seeding during July by placement of hay immediately after it has been cut from the fields marked in green as 'Areas to be included in a Grassland Management Agreement' on plan M/S147/06/05 (dated June 2006).

If in any year land is grazed then:-

iii) no other animal except sheep or cattle shall be grazed;

iv) stocking levels shall not exceed 0.6 LSU per hectare during April and May to minimise disturbance to ground nesting birds; and

v) any Stock shall be excluded from the Hay Meadow from 7 May until after crop is cut.

If in any year the land is not grazed then:

vi) following the cutting of the grass crop a second cut shall take place between the 1 September and 31 October and the crop shall be removed from the land after a minimum period of 36 hours and a maximum period of 5 days.

In either case (ie whether the land is grazed or not grazed) then:-

vii) hay shall be cut and removed from the land every year. Hay must be turned at least once and left on the land for a minimum period of 36 hours and a maximum period of 5 days before removal;

viii) unless otherwise agreed with the MPA, the grass crop in the hay meadow shall be cut between 15 July and 15 August every year. At least one year in three it shall be cut after 1 August to allow the late flowering species to set seed; ix) a margin of 1.5 metres wide at field boundaries shall remain unmown; and

x) weed killing, fertilizing and any application of soil improvement material shall only be carried out with the prior written agreement of the MPA.

62. During the aftercare period the areas marked 'Woodland Edge Planting' on plan M/S147/06/22B shall be planted and managed as follows:

i) No trees shall be planted in the areas marked 'woodland edge planting' on plan M/S147/06/22B or along replaced field boundaries as shown on plan M/S147/06/22B (dated June 2006) except to the following specification: 50% sessile oak (Quercus petraea) whips 1.2 metres high, and 50% common oak (Quercus robur) whips 1.2 metres high, unless otherwise agreed in advance in writing by the MPA.

ii) all trees shall be fenced/protected to exclude stock, rabbits, and deer until the trees have reached a height of 3 metres, any deer fencing shall be removed by 27 years from the date of this permission.

iii) Tree planting shall not take place later than 22 years from the date of this permission unless otherwise agreed in advance in writing by the MPA.

63. Details of treatment of the 'rock exposure retained' shown on plan M/S147/06/22B (dated June 2006) shall be submitted to the MPA not later than 18 years from the date of this permission for the written agreement of the MPA, and following agreement shall be carried out as agreed.

64. Dry stone wall field boundaries constructed from gritstone shall be constructed on the restored land in the locations shown on plan M/S147/06/22B (dated June 2006) not later than 22 years from the date of this permission.

65. Field gates shall not be installed at any location other than those shown on plan M/S147/06/22B (dated June 2006) and at the access to the site from Lees Road and shall not be of any design other than wooden, five bar, single agricultural gates, unless otherwise agreed in advance in writing with the MPA.

Reasons for conditions

1. To enable the MPA to adequately control the development and to minimise it's impact on the amenities of the area.

2. To enable the archaeological interest to be adequately excavated and recorded.

3, 4, 6, & 7 The provision and maintenance of a satisfactory degree of landscaping to mitigate the effects of the development is essential in the interest of landscape amenity.

5. To minimise damage and compaction of soils and to ensure the retention of the existing soils on the site for restoration purposes.

6. To prevent damage to the tree roots of the veteran trees along Lees Road, as the retention of these trees is important in the interests of landscape and amenity of the area.

7. The provision and maintenance of a satisfactory degree of landscaping to mitigate the effects of the development is essential in the interest of landscape amenity, and the sowing of the mound with appropriate seeding is important for landscape and ecology.

8. To ensure that the fencing is of an appropriate specification and to ensure that the fencing does not harm the landscape of the area and in the interests of the amenity of the area.

11 & 12 To prevent browsing of planting by wildlife, in order to ensure that the landscaping scheme is effective, as a satisfactory degree of landscaping to mitigate the effects of the development is essential in the interest of landscape and in the interests of the amenity of the area. To ensure that the planting is appropriate within the landscape of the area and does not have an inappropriate effect on the ecology of the area, and to ensure that the planting takes place in an appropriate time period to mitigate the effect of the development on the landscape and in the interests of the amenity of the area.

To ensure that the development takes place in accordance with the proposal and that the office and mess room are relocated in an appropriate timescale to limit the landscape impact of the development and in the interests of the amenity of the area.

In order to limit the impact of the development on the landscape and in the interests of the amenity of the area.

In order to ensure that the restoration of this area takes place in an appropriate time period and to ensure that the land is managed appropriately in the interests of landscape and ecology and in the interests of the amenity of the area.

To ensure that the development is completed in a satisfactory period in the interests of the amenity of the area.

In the interests of the landscape and in order to protect the amenity of the area.

To minimise damage and compaction of soils, to ensure the retention of the existing soils on the site for restoration purposes, and to ensure that the storage of soils does not have an unacceptable visual impact.

To ensure compliance with the conditions of the planning permission.

To restrict mineral extraction to the minerals applied for.

To ensure that the development is carried out in the manner applied for, and in the interests of amenity and landscape of the area.

To enable the MPA to monitor the output and development of the site.

To ensure that the development is an appropriate scale in the interests of the amenity of the area and to ensure that the principle of the development is acceptable in policy terms.

To ensure that compliance with other legislative regimes is not in conflict with planning control, and to enable monitoring to the site.

In the interests of highway safety and to minimise the impacts of the development on the amenities and environment of the locality.

To minimise the impacts of the development on the amenities and environment of the area.

In order to ensure that habitat for protected species is not reduced.

In order to protect nesting birds.

In the interests of the landscape, environment and amenities of the area.

In order to ensure proper recording of all features of archaeological interest.

In the interests of groundwater protection.

In order to minimise the impacts of the development on the landscape, environment and amenities of the area.

To ensure that the site is restored to an acceptable standard and appropriate use in relation to the landscape and environment of the area, and to ensure that the land is correctly managed to bring the land to the standard required for agriculture/amenity (nature conservation) use. Footnotes

1. Attention is drawn to the provisions of the legal agreement under Section 106 of the Town and Country Planning Act 1990 associated with this development.

2. With limited exceptions it is illegal to deliberately kill, injure, capture or disturb species (including breeding birds) protected under the Wildlife and Countryside Act 1981 or to obstruct their access or cause damage or destruction to area where they live and breed. Contact Natural England for further information if necessary.

3. Livestock Units are defined as follows:

| Type | Livestock unit | |-----------------------------|----------------| | Dairy cow | 1.0 | | Beef cow | 1.0 | | Cattle over 2 years old | 1.0 | | Cattle 6 months to 2 years old | 0.6 | | Lowland ewe and lamb | 0.15 | | Hill ewe | 0.10 | | Ram and teg (a sheep over 6 months old but under 2 years old) | 0.15 |

4. Advice on haymeadow seed harvesting, treatment and storage is available from the Peak District National Park Authority.

Note:

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the development plan, unless material considerations indicate otherwise. Section 38(3) of the Act also provides that the development plan consists of regional spatial strategies and the development plan documents.

Reason for Granting the Permission

The proposed extension to Dale View Quarry is major development and would not generally be acceptable in policy terms. However, officers consider that the proposal would result in the net conservation and enhancement of the National Park.

In considering the application there is a need to take into account national, regional and local policies, consultation responses, representations, the application and environmental statement and all relevant material considerations.

Government guidance advises that in dealing with planning applications, local planning authorities should consider each on its merits and reach a decision based on whether the application accords with the relevant development plan, unless material considerations indicate otherwise. Where applications do not meet these requirements, they may be refused. However, in some instances, it may be possible to make acceptable development proposals which might otherwise be unacceptable, through the use of planning conditions, or where this is not possible, through planning obligations.

An exceptional circumstance has been demonstrated in that the proposal includes the voluntary revocation without compensation of Lees Cross and Endcliffe, a site with greater environmental and amenity value. The effects of working the proposed extension will be less than the effects of working Lees Cross and Endcliffe. This implements policy GS1 and is a material consideration. In addition, the applicant has demonstrated that the proposed development could be controlled to minimise the impact of the development and has proposed measures to offer enhancement in the long term. The proposed extension is commensurate with the Authority's expert evaluation of the likely available tonnage at Lees Cross and Endcliffe.

The proposal is contrary to T1 and LM1 insofar as the effects of the traffic on amenity cannot be acceptably mitigated. However, the pre-existing consent at Lees Cross and Endcliffe and the lack of significant increase from current levels is a material consideration which in this circumstance is considered to justify a recommendation contrary to policy.

The proposal is also contrary to policy M3, in that no exceptional circumstance has been demonstrated whereby the development is required to meet a national need which overrides the national policy to protect the national park. The Secretary of State has decided not to call in the application which has been referred to her as a departure from policy.

Relevant Policies:

MPS1: Planning and Minerals. MPS2: Controlling and mitigating the environmental effects of mineral extraction in England. PPS7: Sustainable Development in Rural Areas. PPS9: Biodiversity and Geological Conservation.

Regional Spatial Strategy (RSS) 8 in particular policies 30, 37 Relevant Structure Plan policies include: GS1, C2, C15 M2, M3, M7, T1 Relevant Local Plan policies include: LM1, LM2, LM6 and LC21

STATEMENT OF APPLICANT'S RIGHTS ARISING FROM THE REFUSAL OF PLANNING PERMISSION OR FROM THE GRANT OF PERMISSION SUBJECT TO CONDITIONS

Appeals to the Secretary of State

- If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State for Communities and Local Government under Section 78 of the Town and Country Planning Act 1990.

- If you want to appeal, then you must do so within 6 months of the date of this notice, using a form which you can get from the Planning Inspectorate at Customer Support Unit, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN, telephone No. 0117 372 8000 or www.planning-inspectorate.gov.uk.

- The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

- The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

- In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based its decision on a direction given by him. Online Appeals

- The planning inspectorate have introduced an online appeals service which you can use to make your appeal online. You can find the service through the Appeals area of the Planning Portal – see www.planningportal.gov.uk/pcs. The inspectorate will publish details of your appeal on the internet (on the appeals area of the Planning Portal). This may include a copy of the original planning application form and relevant supporting documents supplied to the local authority by you or your agent, together with the completed appeal form and information you submit to the Planning Inspectorate. Please ensure you only provide information, including personal information belonging to you that you are happy will be made available to others in this way. If you supply personal information belonging to a third party please ensure you have their permission to do so. More detailed information about data protection and privacy matters is available on the Planning Portal.

Purchase Notices

- If either the local planning authority or the Secretary of State for Communities and Local Government refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.

- In these circumstances, the owner may serve a purchase notice on the Council (District Council, London Borough Council or Common Council of the City of London) or, where the land is situated in a National Park, the National Park Authority for that Park in whose area the land is situated. This notice will require the Council or Authority to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.